The Supreme Court has delivered its verdict on the recount and election rigging case concerning the PB-14 Naseerabad constituency in the Balochistan Assembly. Chief Justice of Pakistan, Qazi Faez Isa, authored the four-page ruling.
According to the judgement, Forms 45 and 47, which document election results, are only considered valid until a recount is ordered. The court emphasized that the primary evidence in election disputes is the actual ballot papers. If a recount is requested and approved, it must be conducted in the presence of all candidates. Importantly, the case before the court did not involve unsealing election bags.
The ruling clarified that after voting concludes, the presiding officer tallies the votes and prepares Form 45. The returning officer then verifies the votes using Form 45 and subsequently issues Form 47, which is sent to the election commission to announce the results. However, the court highlighted that the actual result is determined by the ballot papers cast, not just the forms. Once a recount order is issued, Forms 45 and 47 no longer hold final authority.
Previously, the court had dismissed the Pakistan People’s Party (PPP)’s request for a recount in the PB-14 constituency, as well as allegations of partiality by the returning officers. The case was heard by a three-member bench led by Chief Justice Qazi Faez Isa, with Justice Naeem Akhtar Afghan and Justice Shahid Bilal also on the panel.
During the proceedings, the Chief Justice questioned the petitioner about how they discovered discrepancies in the election results. The petitioner’s lawyer argued that the results did not match those on Form 45, and accused the officers of bias. In response, Justice Isa stated that once a ballot box is unsealed, Form 45 loses its validity, as the actual votes are the key evidence in determining the outcome.
The Chief Justice further challenged the petitioner’s lawyer to provide evidence of the presiding officers’ alleged bias. He affirmed that, regardless of any such bias, the final decision comes down to the votes themselves, rendering Form 45 irrelevant in this context.
In conclusion, the Supreme Court upheld the victory of PML-N candidate Muhammad Khan Lehri, rejecting the plea for a recount.
Follow us on our social media platforms here: Twitter WHATSAPP CHANNEL FACEBOOK PAGE
Comments are closed, but trackbacks and pingbacks are open.