LHC dismisses 18 PTI pleas against election results

LAHORE:

The Lahore High Court dismissed petitions challenging the election results of 18 national and provincial constituencies, deeming them inadmissible. Meanwhile, the high courts in Karachi and Peshawar have summoned the Election Commission to respond to similar challenges.

Courts nationwide are inundated with electoral disputes as numerous candidates contest provisional results in hopes of altering outcomes. Most challengers are independents backed by the Pakistan Tehreek-e-Insaf (PTI).

Multiple petitions have been heard in high courts in Karachi, Lahore, and Peshawar, contesting discrepancies between Form 47, issued by returning officers (ROs), and the data on Form 45. Form 45 is the primary document containing candidate vote data per polling station, while Form 46 details ballot handling.

Form 47 provides candidate vote breakdowns based on all Form 45s, offering unofficial results. Form 48 compiles total candidate votes in a constituency, while Form 49—the Gazetted Form—presents the official outcome.

In the Lahore High Court, Justice Ali Baqir Najafi presided over the petitions. Following arguments, the court reserved its ruling, later pronouncing the reserved judgment that the petitions were inadmissible and thus dismissed.

Among those contested were the electoral victories of prominent figures such as Pakistan Muslim League-Nawaz (PML-N) leaders Maryam Nawaz, Khawaja Asif, and Aun Chaudhry of Istehkam-e-Pakistan (IPP).

In its verdicts, the court directed petitioners to seek redressal from the Election Commission under the Election Act. The Election Commission would then determine whether to compile results with or without the applicant's presence, adhering to the Election Act.

Challenges in the LHC included constituencies such as NA-117 with Aleem Khan, NA-119 with Maryam Nawaz, NA-126 with Malik Saiful Mulook Khokhar, NA-127 with Atta Tarar, NA-128 with Aun Chaudhry, NA-117 with Khawaja Asif, NA-80 with Shahid Usman, and NA-87 with Malik Shakir Bashir Awan.

Additionally, challenges extended to Punjab Assembly constituencies including PP-167 with Irfan Shafi Khokhar, PP-169 with Malik Khalid Khokhar, PP-46 with Faisal Ikram, PP-47 with Chaudhry Muhammad Mansha, and PP-53 with Rana Abdul Sattar.

In the Sindh High Court (SHC), a two-member bench, led by Chief Justice Aqeel Ahmad Abbasi, issued notices to the Election Commission and the Federation for February 13 (today) regarding all petitions contesting the results of 40 constituencies of the national and provincial assembly in Karachi.

During proceedings, Barrister Farogh Naseem, representing the Muttahida Qaumi Movement-Pakistan (MQM-P), questioned the maintainability of the petitions. Barrister Salahuddin, counsel for the petitioners, emphasized their desire for returning officers (ROs) to tally Form 45 in the candidates' presence.

Chief Justice Abbasi inquired whether any applications had been submitted to the Election Commission, highlighting the Commission's authority, including the ability to order re-polling in entire constituencies. He cautioned against disrupting the electoral process at this stage.

Barrister Salahuddin urged the bench to direct the Election Commission to halt notification issuance and consider their requests before making a decision. However, Barrister Naseem opposed such instructions, preferring to allow the Election Commission to carry out its duties.

The chief justice clarified to the Election Commission's counsel that the court wasn't issuing orders but warned against any attempt to be cunning. Notices were issued to the Election Commission and the Federation for February 13.

Similarly, the Peshawar High Court (PHC) issued notices to the Election Commission and summoned the returning officers of the relevant constituencies for February 15 regarding petitions filed by leaders of the Pakistan Tehreek-e-Insaf alleging result tampering.

A two-member bench, comprising Justice Shakeel Ahmed and Justice Syed Arshad Ali, heard petitions from Sajid Nawaz, Taimoor Salim Jhagra, Mehmood Jan, Kamran Bangash, Arrab Jehandad, Mohammad Asim, Ali Zaman, Malik Shahab, and Syed Farin.

Also read: PML-N victories in Punjab challenged in LHC

Petitioners' lawyers argued that Form 45s favored their clients, showing significant leads, but final results on Form 47s were altered. They sought to halt result issuance.

Justice Shakeel Ahmed questioned the Election Commission’s lawyer about Form 48 and Form 49 issuance. The lawyer confirmed Form 49 issuance for most Peshawar constituencies. Justice Arshad Ali noted that if Form 49 was issued, the court couldn't suspend it.

Justice Ali clarified that the court couldn't instruct the Election Commission to recount votes. Shumail Butt, petitioner's counsel, clarified they weren't requesting a recount but urging result announcement per Form 45.

Lawyers of successful candidates argued against case hearings, while petitioners' lawyers requested an injunction on result declaration. Justice Ali highlighted the court's limited jurisdiction in such cases.

The court issued notices to the Election Commission and summoned ROs for February 15. During the hearing, a female officer presented a plea, leading to the court adjourning proceedings for simultaneous hearing of all petitions.

Meanwhile, the Election Commission stopped the issuance of final results of NA-52, NA-53, NA-56, NA-57, NA-60, and NA-69, NA-87, NA-106, NA-126 and NA-127, besides Punjab Assembly’s constituencies of PP-4, PP-6, PP-7, PP-12, PP-15, PP-17, PP-33, PP-43, PP-53, PP-121, PP-126, PP-128, PP-133 and PP-279.

The Election Commission also stopped the final result of two Balochistan Assembly constituencies, PB-14 and PB-44 Quetta. The Election Commission also ordered re-polling at 7 polling stations of NA-253 and PB-9 in Balochistan.

The Election Commission has formed two benches to hear the election related matters. It took up a complaint against IPP’s Firdous Ashiq Awan regarding slapping an official. The lawyers for Awan sought the copy of the complaint. The bench accepted the plea and adjourned the matter.

On PTI-supported candidate Ayaz Amir's request pertaining to the results of NA-58 and NA-59 Chakwal the ECP bench issued notices to the RO concerned. The commission reserved its decision on a petition related to the snatching of the polling material in PS-19 Ghotki.

The case of 6 polling stations in NA-43 Tank, where no vote was cast, was also heard. The RO concerned said that the polling could not be held because of the deteriorating law and order situation.

He added that some polling staff could not reach the polling stations, while a presiding officer was injured in firing.

Separately, a petition was filed in the Supreme Court under Article 184(3) of the Constitution, requesting the apex court to declare the February 8 general elections null and void and order fresh elections under Judicial Supervision.

The petitioner Ali Khan said in his petition,” seeking justice and redressal for the grave injustices and irregularities witnessed during the general elections held on the 8th of February 2024”. He requested the court to order fresh elections under the supervision of the Judiciary.