The SC has reinstated the Election Commission of Pakistan’s (ECP) decision to conduct a vote recount in three National Assembly (NA) constituencies.
A three-member bench, headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa and including Justices Naeem Akhtar Afghan and Aqeel Ahmed Abbasi, delivered the ruling on Monday.
The decision pertains to the recount of votes in various polling stations in NA-154, NA-81, and NA-79.
The case arose after Azhar Qayum Nahra of the Pakistan Muslim League Nawaz (PML-N) challenged the Lahore High Court’s (LHC) decision to suspend his victory notification from NA-81.
The top court overturned the LHC’s previous ruling and restored the electoral watchdogs’s directive for a recount.
The court approved the appeals filed by PML-N candidates, with a 2-1 majority ruling. Justice Aqeel Abbasi dissented from the majority decision. Following the SC’s ruling, PML-N members Azhar Qayum Nahra, Abdul Rehman Kanju, and Zulfiqar Ahmed have been reinstated as National Assembly members.
The recount request for the constituencies of NA-154 (Lodhran), NA-81 (Gujranwala), and NA-79 (Gujranwala) had been filed with the top court leading to this decision.
In the general elections, three independent candidates affiliated with PTI-Rana Faraz Noon from NA-154, Bilal Ejaz from NA-81 Gujranwala, and Ehsanullah Wark from NA-79 Gujranwala-were initially declared successful.
However, PML-N candidates Abdul Rehman Kanju, Azhar Qayum Nahra, and Zulfiqar Ahmed requested a recount from the ECP. Following the recount, the ECP declared the PML-N candidates as winners.
The ECP declared Nahra the winner, with a margin of 3,100 votes, though at least 10,000 of Nahra’s votes were invalidated during the recount.
The independent candidates challenged the ECP’s decision in the LHC, the court annulled the commission’s ruling and reinstated the original winners.
PML-N members then appealed the LHC’s decision to the SC. The apex court, in a majority decision, reinstated the ECP’s ruling and approved the appeals of the PML-N candidates.
Meanwhile, CJP Qazi Faez Isa has expressed concern over the conduct of some judges, stating that while the chairman and members of the Election Commission of Pakistan (ECP) deserve respect, it is regrettable that certain judges make derogatory remarks.
The remarks were made as the apex court issued a ruling regarding the recounting of votes in three constituencies of the National Assembly.
The majority decision, authored by CJP Isa, emphasised that the ECP is a constitutional body and its officials, including the chairman and members, are entitled to respect.
He lamented that some judges overlook this aspect, issuing disrespectful comments. He stressed that all constitutional institutions and officeholders deserve respect, and an institution’s credibility is enhanced when it performs its duties within the scope of respect. The written decision also acknowledged that the requests for recounting votes in three constituencies were submitted on 9th and 10th February.
The Election Act of 2017 was amended on August 5, 2023, granting Returning Officers the authority to order vote recounts. The high court, however, failed to consider sub-section 5 of Section 95 during the case.
The ruling underscores the need for judicial decorum and respect towards ECP, reinforcing the importance of upholding the dignity of constitutional bodies.
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