Vote recounting in NA-97: SC dismisses appeal of PML-N candidate

22 Aug, 2024

ISLAMABAD: The Supreme Court dismissed an appeal of Pakistan Muslim League-Nawaz (PML-N) candidate for recounting of votes in NA-97 Faisalabad-III.

Pakistan Tehreek-e-Insaf (PTI)-backed candidate Muhammad Saadullah won the NA-97 seat from Faisalabad with 72,614 votes, while PML-N candidate Ali Gohar Khan secured 70,311 votes.

A two-member bench comprising Justice Aminuddin Khan and Justice Naeem Akhtar Afghan heard the appeal of PML-N candidate Ali Gohar Khan for recounting of votes.

The bench after hearing the arguments maintaining the Lahore High Court (LHC)’s verdict declared PTI-backed candidate Muhammad Saadullah winner.

The court noted that the PML-N candidate did not file any application before the returning officer (RO) for recount of votes. Justice Naeem said the apex court has already passed an order, which says whenever any petition for recounting comes in time then RO cannot refuse recounting.

He inquired from the petitioner’s counsel whether the facts of his case are similar to the one which has been decided by the apex court recently. Advocate Hassan Raza Pasha, representing PML-N candidate, replied, yes.

However, Justice Naeem said but in your case the application before the RO for recounting was not filed in time, adding the RO order says no application in this regard had been received on February 9. He further said that the application which he was showing to the Court has no date.

Justice Naeem asked the counsel to show from the record that the application was filed before the consolidation of result. Pasha replied that the LHC mentioned that the application was given to the RO.

Justice Amin stated that this could be by mistake. Justice Naeem asked the counsel there is no record that show application for recounting was filed on February 9. Justice Amin then inquired from DG (Law) Election Commission of Pakistan (ECP) whether there was any application of Ali Gohar for recounting in ECP record.

The DG (Law) said that according to the Commission’s record there was application by Gohar, but it was unsigned. Justice Naeem remarked that the application which is being referred is without any date.

Copyright Business Recorder, 2024

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