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The High Court erred in striking out the petition as frivolous and vexatious based on facts requiring evidence, which is improper for preliminary objections. The petition raised a constitutional issue regarding the Speaker's actions under Article 71(1)(f) and should be heard as a constitutional petition.
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The petition is not a pure constitutional issue but concerns procedural and evidentiary matters regarding the Speaker's exercise of statutory duty under section 37(3) of the Elections Act. Since statutory remedies exist under Article 83(1)(b), the constitutional petition is inappropriate, frivolous, and vexatious.
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