SC sets recount application deadline

Says application must be filed prior to commencement of result consolidation process

ISLAMABAD:

A PTI lawmaker has narrowly avoided de-seating after the Supreme Court ruled that recount applications must be filed before commencement of the proceedings for consolidating the results of a vote count.

"The petitioner (a PML-N candidate) has failed to prove that he had submitted an application for recount of the votes on February 9, 2024 prior to the commencement of the proceedings for consolidating the results of the count.

"Hence, one of the prerequisite for recounting the ballot papers under Section 95 (5) of the Elections Act, [2017] ie submitting application for recounting before commencement of the proceedings of consolidating the results of the count, was not fulfilled by the petitioner," said a written order.

The order was authored by Justice Naeem Akhtar Afghan who rejected the PML-N candidate's petition against a Lahore High Court order through which an Election Commission of Pakistan's (ECP) decision for recounting was overturned. The order said there was no occasion for respondent No1 (the ECP) to accept the representation of the petitioner vide order dated February 22, 2024 and to issue directions to the returning officer (RO) for recounting the votes after consolidation of the results of the count on February 10, 2024.

The court clarified that the SC's majority decision dated August 12, 2024 is distinguishable and the same is not attracted to the facts and circumstances of the instant case as in all those cases decided by this court vide August 12 majority decision, admittedly the contesting candidates had submitted applications for recounting of the votes prior to commencement of the proceedings for consolidating the results.

The order said in his written report/para-wise comments submitted before the ECP, the RO categorically denied submission of an application by the petitioner for recounting of the votes prior to commencement of consolidating the results with the statement that the same is an afterthought.

"Admittedly all the concerned were issued notices for commencement of the proceedings of consolidating the results of the count by the RO in the evening of February 9, 2024. "The record reveals that the proceedings for consolidating the results of the count were started in the evening of February 9 and the same was not concluded on the said date.

"With the consent of all the concerned, including the authorized election agent of the petitioner, the proceedings for consolidating the results of the count were concluded on the next day February 10"

It said the Supreme Court on August 12 took strong exception to the LHC misinterpreting the Zulfiqar Ali Bhatti case judgement wherein it was held that the high court should not interfere in the election disputes in its constitutional jurisdiction and that generally in an election process the high court cannot interfere by invoking its constitutional jurisdiction in view of Article 225 of the Constitution.