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Writ Petition is not Maintainable due to Availability of Alternate Remedy in Respect of Counting Dispute of Votes in General Election --- LHC

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Writ Petition is not Maintainable due to Availability of Alternate Remedy in Respect of Counting Dispute of Votes in General Election --- LHC

Islamabad 13-02-2024: The Honourable Judge of Lahore High Court, Mr. Justice Ali Baqar Najafi while hearing [Writ Petition 8932-2024] on 12-02-2024 observed that Writ Petition is not Maintainable due to Availability of Alternate Remedy in respect of counting dispute of votes in General Election. The operative part of the order is reproduced as under:-

“i. This Constitutional Petition is not maintainable and is therefore dismissed.

ii. The petitioner may always file a representation under section 8, 9, 15, 95 of the Elections Act, 2017 read with Article 218(3) of the Constitution of Islamic Republic of Pakistan, 1973 before the Election Commission of Pakistan.

iii. The consolidation of the result whether made in presence or absence of the petitioner will be resolved by the Election Commission of Pakistan while deciding the matter, if agitated before ECP. A prompt decision by the ECP will be in the spirit of Article 218(3) and 224 of the Constitution by strictly complying the provisions of Elections Act, 2017.”