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Supreme Court of Pakistan Upholds Election Tribunal’s Decision to Void PB-45 Quetta-VIII Results due to Difference in Form 45 and 47

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Supreme Court of Pakistan Upholds Election Tribunal’s Decision to Void PB-45 Quetta-VIII Results due to Difference in Form 45 and 47

Islamabad 10-01-2025: In a significant ruling, the Supreme Court of Pakistan dismissed an appeal by Ali Madad Jattak, affirming the Election Tribunal Balochistan’s decision to annul the results of 15 polling stations in the PB-45 Quetta-VIII constituency due to evidence of rigging and tampering. The Court ordered re-polling at the affected stations to ensure a transparent electoral process.

The judgment, authored by Mr. Justice Aqeel Ahmed Abbasi, found substantial discrepancies in the election results from 15 polling stations, where votes for the appellant, Ali Madad Jattak, were fraudulently inflated from 195 to 5,107. The manipulation was achieved by altering numerical figures on Form-45, a key election document.

The tribunal’s detailed analysis compared original Form-45 documents, revealing clear tampering and misuse of authority by the Returning Officer (RO) and polling staff. This tampering significantly affected the election outcome, leading to the annulment of the results from these polling stations.

The tribunal had declared the election results of 15 polling stations void and directed the Election Commission of Pakistan (ECP) to conduct re-polling. It also instructed the ECP to appoint a new Returning Officer and staff to oversee the process, ensuring transparency and impartiality.

The Supreme Court of Pakistan endorsed these findings, emphasizing that the Election Tribunal had acted within its jurisdiction and followed proper legal procedures.

The appellant, represented by senior counsel, argued that the tribunal’s decision was based on procedural lapses and unverified evidence. However, the Supreme Court of Pakistan found no merit in these objections, stating that the tribunal had relied on substantial oral and documentary evidence, including affidavits and cross-examinations, to reach its conclusions.

Mr. Justice Aqeel Ahmed Abbasi noted that the Election Act, 2017, grants tribunals the same powers as civil Courts, enabling them to adopt flexible procedures for delivering Justice.

The Court emphasized that procedural lapses, such as the improper marking of documents, do not invalidate evidence if substantial Justice is served.

Tampering with election results, as evidenced by the manipulation of Form-45, constitutes fraud and misrepresentation, rendering the election result void.

The tribunal acted within its powers to regulate proceedings and ensure fairness under the Election Act, 2017.

This judgment reinforces the importance of accountability in electoral processes and the judiciary’s role in ensuring free and fair elections. It also highlights the responsibilities of election officials, particularly Returning Officers, in safeguarding the credibility of the electoral system.

The ECP has been directed to organize fresh elections at the 15 polling stations without delay. The Supreme Court of Pakistan underscored the need for transparency and fairness in the re-polling process to restore public confidence in the electoral system.

This decision sets a critical precedent for addressing electoral malpractice and upholding democratic principles in Pakistan.