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The Election Disputes should be resolved through Election Petitions under Article 225, which provides the Exclusive Jurisdiction to Election Tribunals --- Supreme Court of Pakistan

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The Election Disputes should be resolved through Election Petitions under Article 225, which provides the Exclusive Jurisdiction to Election Tribunals --- Supreme Court of Pakistan

Islamabad 16-08-2024: In a significant ruling, the Supreme Court of Pakistan has overturned the judgments of the Lahore High Court, affirming the legitimacy of vote recounts in several National and Provincial Assembly constituencies from the February 2024 general elections. The Court’s decision emphasizes the constitutional role of the Election Commission of Pakistan (ECP) and limits the jurisdiction of High Courts in election-related matters.

The case arose from challenges to the narrow margins of victory in multiple constituencies where the difference between the winning candidates and the runners-up was less than the threshold required by Section 95(5) of the Elections Act, 2017. This section mandates a recount when the margin is less than five percent of the total votes or eight thousand votes for National Assembly constituencies (four thousand for Provincial Assembly constituencies).

The Lahore High Court had previously ruled against these recounts, prompting the losing candidates to appeal to the Supreme Court. The appellants argued that the High Court overstepped its jurisdiction by interfering with the recount orders issued by the ECP.

In a majority decision (2-1), the Supreme Court upheld the appellants' arguments, ruling that the High Court erred in entertaining the writ petitions under Article 199 of the Constitution. The Court reiterated that election disputes should be resolved through election petitions under Article 225, which provides the exclusive jurisdiction to Election Tribunals.

Mr. Justice Qazi Faez Isa, writing for the majority, stressed that recounting of votes is an administrative function, not a judicial one, and that the Election Commission’s orders must be respected. The judgment highlighted that the High Courts should refrain from interfering in the electoral process unless there is clear evidence of illegality, arbitrariness, or mala fides.

The ruling also criticized the High Court for not fully appreciating the amendments made to Section 95(5) of the Elections Act in August 2023, which removed the Returning Officer’s discretion to reject recount requests as unreasonable. The Supreme Court emphasized that the ECP has the constitutional duty to ensure that elections are conducted fairly and in accordance with the law.

In his dissenting opinion, Mr. Justice Aqeel Ahmed Abbasi expressed disagreement with the majority’s conclusion, but the specifics of his dissent were not disclosed in the majority opinion.

This landmark decision reinforces the authority of the Election Commission and the proper legal channels for contesting election results, setting a precedent for the future handling of election-related disputes in Pakistan.

The ruling has been welcomed by the petitioners and is seen as a significant affirmation of the Election Commission's role in maintaining the integrity of Pakistan’s electoral process.