SC suspends LHC directive for NA-131 recount

Imran Khan snatched the Lahore constituency from PML-N's Saad Rafique in July 25 polls

ISLAMABAD: The Supreme Court on Wednesday suspended the Lahore High Court’s (LHC) order for a vote recount in NA-131 (Lahore).

The constituency was won by PTI Chairman Imran Khan, who defeated PML-N leader Khawaja Saad Rafique by a small margin.

The LHC had barred the Election Commission of Pakistan (ECP) from declaring the PTI chief successful until the completion of the recount process.

A three-member bench, headed by Chief Justice Mian Saqib Nisar and comprising Justice Ijazul Ahsan and Justice Umar Ata Bandial, took up the petition filed by Imran Khan against the LHC order.



Babar Awan appeared on behalf of the PTI chief.

During the hearing, the bench questioned the high court’s jurisdiction to interfere in matters falling under the ECP’s domain.

Justice Ijazul Ahsan wondered how the recount could be done after consolidation of the result.

When Rafique’s counsel Sardar Muhammad Aslam pointed out Imran’s victory speech in which he had promised to reopen all problematic constituencies, Justice Nisar observed that it was a political statement, which could be examined on political forums.

“However, the court decides cases in accordance with the law,” he added.

The same bench also rejected an appeal filed by Jamshed Dasti, who also sought a recount.

After Imran emerged as the winner, former railways minister requested the returning officer (RO) for a recount. His plea, however, was dismissed.

Rafique then approached the ECP – which accepted the application but only allowed scrutiny of rejected votes.



Subsequently, the PML-N leader filed a petition in the high court, challenging the RO’s order to dismiss the recount plea in the entire constituency.

On August 4, Justice Mamoon Rashid Sheikh of the LHC sustained Rafique’s plea.

However, the prime minister-in-waiting challenged the decision in the Supreme Court and termed Rafique’s petition inadmissible.

According to him, the high court’s order contradicted the law and the Constitution and should, therefore, be declared null and void.

Speaking to the media persons outside the Supreme Court, Imran’s counsel Babar Awan said the party had been declared winner in two out of five constituencies. The final results for three other constituencies were still pending because of pending court cases.

“Of the three, the Supreme Court heard and ruled to suspend the LHC’s decision. Therefore, the constituency result has been restored.”

Awan maintained that there had been no deliberate violation in NA-53 (Islamabad II) and expressed the confidence that results for NA-95 (Mianwali I), NA-35 (Bannu) and NA-243 (Karachi East II) constituencies would be declared soon.

“There are only notices of violations. Imran has stated in the application that he believes in the supremacy of institutions and will adhere to the rules and regulations.”



Meanwhile, PML-N’s Marriyum Aurangzeb asserted that the apex court’s decision was in violation of Elections Act, 2017.

“The law binds returning officer to recount votes (in constituencies) where more than five per cent or the winner’s margin was less than 10,000 votes,” she told media.

Insisting that her party had been deprived of its legal rights, Marriyum claimed that the recount had already begun in polling stations across the constituency upon LHC directives.

“Imran’s lead dropped from 640 to 602 votes. Initial recounting decreased Imran’s win by 29 votes at five polling stations,” she said.