1. ' This is an application under section 63 of the Representation of the Peoples Act, 1976 filed by the respondent No,1 as returned member of Provincial Assembly Sindh P.S.74 Dadu-IV, praying for summary dismissal of the election petition for non-compliance of mandatory provisions of section 55(3) of the Representation of the People Act, 1976 (hereinafter referred to as the Act), as the petitioner has not complied with the same since annexures to petition have not been signed and verified in the manner laid down in the Civil Procedure Code 1908 for verification of the pleading and, therefore, petition be dismissed under subsection (b) of section 63 of the Representation of the People Act, 1976. Notice of this application was issued and in response thereof Mr. Nooruddin Sarki has appeared by filing counter affidavit against the application and contested the same that the petitioner has not committed any default or violated, any mandatory provision of the Act in filing the petition and the Election Commission after due scrutiny of the petition and being satisfied that the provisions of sections 52, 53 and 54 of the Act were complied with. Thereafter, this election petition has been referred for trial to this Tribunal. Mr. Mangi, further submits that the Order 6 rule 15 of C.P.C. Has been violated by filing this petition.
2. ' It is urged by Mr. Sarki that all the annexed documents with the petition have already been signed as true copy by his counsel at the time of filing of this petition before the Election Commission of Pakistan, Islamabad. It is lastly argued that as per Order 6 rule 15, C.P.C. Pleadings are to be verified and application is liable to be dismissed. In support of his arguments Mr. Sarki has relied upon case of Haji Mian Azizur Rehman Chan v. Mian Abbas Sharif 1994 M LD 2293, and case of Haji Amanullah Khan v. Sahabzada Tariqulah PTC and others (1995 CLC 158).
3. ' I have heard the arguments of learned counsel for respective parties and the case-law cited by Mr. Sarki.
4. ' It will be advantageous to reproduce Provision of section 55 of the Representation of the People Act, 1976.
5. "55.Contents of Petition:---(1) Every election petition shall contain:
(a) A precise statement of the material facts on which the petitioner relies;
(b) full particulars of any corrupt or other illegal act alleged to have been committed, including as full a statement as possible of the names of the parties alleged to have committed such corrupt or illegal practice or illegal practice or illegal act and the date and place of the commission of such practice or act; and
(c) the relief claimed by the petitioner.
(2) A petitioner may claim as relief any of the following declarations namely:--
(a) that the election of the returned candidate is void;
(b) that the election of the returned candidate is void and that the petitioner or some other person has been duly elected; or
(c) that the election as a whole is void.
(3) Every election petition and every schedule or annex to that petition shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (Act V of 1908), for the verification of pleadings".
6. ' The argument of the learned counsel for respondent No,1 that the annexure and schedule were not verified in accordance with the law.
7. 'I am of the view that non-Compliance of annexure attached with the election petition would not be fatal to election petition if it does not make any additional allegation of substantive character or furnish better particular of the allegations made in the petition. In non-verification of annexed documents with the petition would be material for dismissal of this petition. It would not be fatal to election petition if it does not make any additional allegations of substantive character or furnish better particulars of the allegation made in this petition. They are merely in support of contentions/allegations levelled in the election petition.
8. ' In view of the above reasons, I am of the view that there is no force in the listed application and same is dismissed.
9. ' Since the issues have already been framed and the maintainability of the petition, has already been questioned, therefore, the office is directed to fix this case for recording of evidence on 9-6- 2003. The parties are directed to file affidavit in evidence and exchange the documents before the next date of haring.