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Islamabad High Court, Islamabad Upheld the Decision of Election Commission of Pakistan for Recounting of Votes to ensure Fair Elections --- IHC

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Islamabad High Court, Islamabad Upheld the Decision of Election Commission of Pakistan for Recounting of Votes to ensure Fair Elections --- IHC

Islamabad 30-05-2024: The Islamabad High Court, Islamabad has recently dismissed a petition challenging an order issued by the Election Commission of Pakistan (ECP) regarding the recounting of votes in constituency PP-100 Faisalabad-III. The Honourable Single Bench of Islamabad High Court, Islamabad presided over by Ms. Justice Saman Rafat Imtiaz while deciding [Writ Petition No. 824 of 2024] observed that according to the facts of the case the petitioner, who emerged victorious in the PP-100 Faisalabad-III election held on February 8, 2024, with 48,928 votes, was declared the Returned Candidate and took oath as a Member of the Punjab Provincial Assembly on February 22, 2024. However, the respondent No. 3, a rival candidate, contested the consolidation proceedings alleging they were conducted in his absence. Consequently, the ECP directed the Returning Officer to recount the votes, including rejected votes, within three days and prepare Form-49 accordingly.

The petitioner, aggrieved by the order of ECP, filed a petition challenging the ECP's decision. The petition argued that the respondent's application to the ECP fell outside the purview of Section 95(6) of the Election Act, as it did not directly apply to the Returning Officer. Despite the respondent's submission, the Returning Officer's response to the ECP remained ambiguous, neither confirming nor denying the receipt of the application.

The absence of a written order regarding the application complicated the ECP's review process under Section 8(b) of the Election Act. However, considering the margin of victory and precedent, the court reiterated the ECP's authority to review orders to ensure fair elections, emphasizing the importance of preventing material prejudice.

The petition to the ECP was lodged on February 12, 2024, before the constitution of the Election Tribunal on February 20, 2024. The ECP passed an order on March 7, 2024, pursuant to Section 8(b) of the Election Act. Precedents from the Sindh High Court and the Supreme Court were cited to establish the ECP's jurisdiction even after the official announcement of election results.

Ultimately, the court held that the petitioner failed to demonstrate any illegality or jurisdictional defect in the ECP's order. As the recount had already taken place, and the petitioner had not challenged the results through legal proceedings, the instant petition was dismissed.

This judgment underscores the ECP's authority to ensure electoral fairness and highlights the significance of adhering to legal procedures in electoral disputes.