A three-member bench of the Supreme Court completed on Monday the proceedings in an appeal for recounting of votes in NA-81 constituency, with Chief Justice Qazi Faiz Isa observing that the Election Commission of Pakistan (ECP) was a constitutional institution.
The appellant Azhar Qayyum Nahra, who had lost the February 8 election to independent candidate Chaudhry Bilal Ejaz, had sought recounting of votes. His lawyer, Ahsan Bhoon, argued in the court that his client won the election after the recount.
Sitting on the bench, Justice Aqeel Abbasi remarked that the returning officer concerned did not issue order on the recount request. He raised the questions: what if the returning officer rejected the request for recount; and what would be the forum of appeal against the returning officer’s decision.
Bhoon said that the returning officer issued Form 47 on February 9, a day after the voting process. On that Chief Justice Isa asked as to what was Form 47. The lawyer replied that Form 47 was the preliminary result, while the final result was released on Form 48.
He said that there might be irregularities in an election but if something had gone wrong, it should be rectified from the beginning. Later the court adjourned further proceedings of the election related appeal until Thursday.
Separately, an election tribunal, comprising Justice Tariq Mehmood Jahangiri, on Monday instructed the PML-N’s successful candidates from three constituencies of the federal capital to submit again their affidavits in cases challenging the election results.
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