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LHC decision annulled; SC restores ECP's decision regarding recount in NA-154, NA-81, NA-79Breaking

August 12, 2024

The Supreme Court (SC) has declared null and void a decision of the Lahore High Court, and reinstated a decision given by the Election Commission of Pakistan after a recount regarding three constituencies of the National Assembly. A three-member bench headed by Chief Justice of Pakistan Qazi Faez Isa pronounced a reserved verdict regarding the recount in three constituencies of the National Assembly. The bench also included Justice Naeem Akhtar Afghan and Justice Aqeel Ahmad Abbasi. The Supreme Court allowed the appeals of PML-N leaders related to a recount of votes from various polling stations in NA-154, NA-81 and NA-79. The PML-N leaders declared successful in the recount were reinstated. The Supreme Court passed the decision by a majority of two to one, as CJP Isa and Justice Afghan accepted the PML-N leaders' appeals against the LHC decision, while Justice Aqeel Abbasi disagreed with the decision. The apex court stated that the election commission is a constitutional institution and deserves respect, but the high court judges made unnecessary remarks about the head and members of the election commission.

The decision of the Lahore High Court cannot be upheld, it remarked. It should be noted that on April 25, the Lahore High Court had invalidated the election commission's notices to two PTI-backed independent members on their requests for recount in their National Assembly constituencies. In the general elections, three independent candidates affiliated with PTI Rana Faraz Noon from NA-154, Bilal Ejaz from NA-81 Gujranwala, and Ehsanullah Wark from NA-79 Gujranwala—were initially declared successful. However, PML-N candidates Abdul Rehman Kanju, Azhar Qayum Nahra, and Zulfiqar Ahmed requested a recount from the ECP. Following the recount, the ECP declared the PML-N candidates as winners. The ECP declared Nahra the winner, with a margin of 3,100 votes, though at least 10,000 of Nahra's votes were invalidated during the recount. The independent candidates challenged the ECP's decision in the LHC, the court annulled the commission's ruling and reinstated the original winners. PML-N members then appealed the LHC's decision to the SC. The apex court, in a majority decision, reinstated the ECP's ruling and approved the appeals of the PML-N candidates.

Credit: Independent News Pakistan