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Under Section 95(5) of the Elections Act, 2017, A candidate must submit a request for a recount before the Commencement of the Results Consolidation Process --- Supreme Court of Pakistan

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Under Section 95(5) of the Elections Act, 2017, A candidate must submit a request for a recount before the Commencement of the Results Consolidation Process --- Supreme Court of Pakistan

Islamabad 27-08-2024: The Supreme Court of Pakistan has upheld the Lahore High Court's decision to dismiss a petition for a recount of votes in the NA-97 Faisalabad-III constituency, effectively denying the request of petitioner Ali Gohar Khan. The case revolved around the recounting of votes in the general elections, where Muhammad Latif Khan Khosa had initially been declared the winning candidate by a narrow margin.

The petitioner, Ali Gohar Khan, sought a recount after securing 70,532 votes compared to Khosa's 72,846, arguing that the Returning Officer (RO) failed to address his application for a recount submitted on February 9, 2024. The Election Commission of Pakistan (ECP) had initially accepted Khan's request and ordered a recount, resulting in Khan leading with 68,255 votes against Khosa's 65,110 votes.

However, Khosa challenged the ECP's order in the Lahore High Court, which subsequently set aside the ECP's directive. The Supreme Court, after examining the legal grounds, supported the High Court's decision, noting critical procedural lapses on Khan's part.

The Supreme Court emphasized that under Section 95(5) of the Elections Act, 2017, a candidate must submit a request for a recount before the commencement of the results consolidation process. The Court found that Khan failed to prove that his application was submitted in time, noting the absence of a date and signature on the document. The Court further highlighted that the RO denied receiving such an application before the consolidation process began. The judgment also clarified that the ECP overstepped its authority by ordering a recount after the consolidation of the election results, particularly when the statutory prerequisites were not met by the petitioner.

The Court distinguished this case from previous decisions where recount requests had been timely and properly filed. It also criticized the Lahore High Court for misinterpreting the precedent set in “Zulfiqar Ali Bhatti v Election Commission of Pakistan” (2024 SCMR 997), stressing the importance of consistency in judicial decisions.

In conclusion, the Supreme Court dismissed Khan's petition, reaffirming the Lahore High Court's decision and upholding the election of Muhammad Latif Khan Khosa as the returned candidate for NA-97 Faisalabad-III. The ruling underscores the importance of adhering to procedural requirements in election disputes and the limitations of judicial intervention in electoral matters.