In the Court of Mr. Justice Farrukh Mehmood Esq.

Election
Tribunal of N.A. 152 Multan at Bahawalpur.

C.M. No. _________/2003

In
E.P. No. 176/2002

Syed Javed Ali Shah Vs. Syed Asad Murtaza Gilani etc.

Application for permission to file “Fard Patta”

Written reply on behalf of respondent No. 1.

The respondent on respectfully gives reply as under: -

Preliminary Objections: -

1. That the applicant has not mentioned under what provision of

law, he has moved this application as such the application is
not maintainable and liable to be dismissed.

2. That in pursuance of the power conferred by sub-section (i) of

section 62 of the representation of the Peoples Act, 1976, the
Election Commission has laid down the procedure for trial of
election petition and according to: -

(i) Every election petition shall be filed with the Secretary,

Election Commission of Pakistan, in triplicate and shall
be accompanied by all such documents and affidavits
of the witnesses as desired to be produced by the
petitioner along-with the receipt indicating that the
copies of the petition, the attached documents and the
affidavits annexed to the petition have been supplied to
the respondent”
 It means that at the time of institution of the election
petition, the petitioner would have attached all kinds of
documents with it. Now at this stage, the petitioner cannot
submit Fard Patta, because there is no provision, which
entitles the filing of lacunas at this later stage. Therefore, the
application is not maintainable and is liable to be dismissed.

ON FACTS: -

1. No comments.

2. That para No. 2 of the application is correct to the extent of

not filing address (Fard Patta). Rest of the para as stated is not
correct and admitted.

3. That para No. 3 of application is not correct.

4. That para No. 4 of the application is not correct.

The prayer of the application is not correct. The

application is not maintainable and is liable to be
dismissed.

Respondent No. 1,

Dated: _______

Through: -
Syed Muhammad Afaq Shah,
Advocate High Court,
96-District Courts, Multan.