ISLAMABAD: The Supreme Court upheld the victory of Pakistan Muslim League-Nawaz (PML-N) candidate Mahmood Khan by rejecting the request for a recount in seven of the 96 polling stations in PB-14.
A three-judge bench, headed by Chief Justice Qazi Faez Isa, on Thursday, heard an appeal of Pakistan Peoples Party’s Ghulam Rasool challenging the election result of PB-14.
During the proceeding, the chief justice inquired from appellant’s lawyer about the basis of his claim that the election results were manipulated. The counsel replied that the results did not match the data on Forms-45 and accused the officers of partiality.
Justice Faez then emphasised the primacy of votes as the most critical evidence in elections, stating, “Forms-45 are filled out by presiding officers; the real evidence is the votes themselves.” He further suggested that any objections should focus on the recount process, such as whether the ballot boxes were tampered with.
Following the February 8 elections, Pakistan Tehreek-e-Insaf (PTI) accused the Election Commission of Pakistan (ECP) of tampering with Forms-45 in multiple constituencies
The chief justice said that after opening of ballot boxes Forms 45 or 75 have no significance, adding that the most important evidence in the elections are the votes. Justice Shahid Bilal remarked that as per the record, the appellant has failed to prove his allegations, saying this case is very simple.
Rasool’s lawyer argued that the judge without evidence declared him dishonest. The chief justice said that Allah knows about who was speaking truth or lie, and the judges decide the cases on the basis of facts.
The lawyer contended that that his client was unfairly labelled as dishonest without evidence. The chief justice remarked that decisions are made based on facts and records, not on accusations, and challenged the lawyer to prove the presiding officers’ bias by demonstrating any familial ties.
CJP Faez said, “Even if the presiding officer is an enemy, the decision is determined by the votes. Forms-45 holds no significance in comparison.” The court, thus, rejected the request for a recount in seven of the 96 polling stations, affirming Mahmood Khan’s electoral success.
Copyright Business Recorder, 2024
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