EC sets 45 days deadline to file election petitions
By Hina Kiyani

ISLAMABAD—Candidates losing the February 2008 polls, can file election petitions with the Commission within 45 days of the notification for the returned candidates. Kanwar Muhammad Dilshad, Secretary Election Commission has drawn the attention of all concerned to Chapter-VII, Sections 52 to 77 of the Representation of the People Act, 1976 that deals with the procedure for filing election petition and the matters connected therewith.
These sections provide: “an election petition is to be presented to the Secretary Election Commission within forty-five days of the publication in the official Gazette, the name of the returned candidate.” “Such a petition should be accompanied by a receipt showingthat the petitioner has deposited at any branch of the National Bank of Pakistan or a Government Treasury of sub-Treasury in favor of the Commissioner, under prescribed head of account, as security for costs of the petition, a sum of one thousand rupees,” the law says. Explaining the procedure, Dilshad said an election petitioncan be presented by the petitioner in person or by a person authorized in writing in this behalf by the petitioner or byregistered post. If the petition is sent by registered post, it shall be deemed to have been presented in time, if its is posted within the aforesaid period of forty-five days.
He said every election petition shall be filed in triplicate and shall be accompanied by all such documents and affidavits of the witnesses as are desired to be produced by the petitioner along with receipts showing that copies of the petition and the attacheddocuments have been supplied to the respondents.
He said, the petitioner is required to join respondents allcontesting candidates and any other candidate against whom any allegation of any corrupt or illegal practice is made and shall serve personally or by registered post on each such respondent a copy of the petition.
The election petition shall contain a precise statement of thematerial facts on which the petitioner relies and full particulars of any corrupt or illegal practice or other illegal acts alleged to have been committed along with names of parties alleged to have committed such corrupt or illegal practice and the date and place of the commission of such practice together with relief claimed by the petitioner.
“Every election petition and every schedule or annex to thatpetition is to be signed by the petitioner and verified on oath,” Dilshad said. In case petition is not in accordance with the provisions as contained in section 52, 53 or section 54 of the said Act, it shall be dismissed by the Chief Election Commissioner forthwith and the petitioner shall be informed accordingly.
In case the petition is not dismissed by the Chief ElectionCommissioner, the same shall be referred for trial to a Tribunal, Dilshad said.