ISLAMABAD: The Supreme Court on Wednesday dismissed the plea of PML-N candidate Ali Gohar seeking re-counting of votes at National Assembly constituency NA-97 Faisalabad and upheld the decision of Lahore High Court that had set aside the ECP order and maintained the victory of SIC’s candidate.
A two-member bench of the apex court comprising Justice Amin-ud-Din Khan and Justice Naeem Akhtar Afghan heard the appeal of Ali Gohar of PML-N against the verdict of the Lahore High Court that had set aside the ECP order and maintaining the victory of Sunni Itehad Council (SIC)s candidate Saadullah. Saadullah, the SIC’s candidate defeated the PMLN candidate Ali Gohar in the general elections, in NA-97, Faisalabad.
Ali Gohar then filed an application in the Election Commission for re-counting of votes and after the recounting, the PML-N candidate was declared as winner.
Meanwhile, Saadullah of SIC approached the Lahore High Court against the Election Commission’s decision and the learned high court set aside the order of the Election Commission and maintained the victory of SIC’s candidate Saadullah.
Later on, Ali Gohar of PML-N challenged the verdict of Lahore high Court in the Supreme Court.
On Wednesday, Justice Amin-ud-Din Khan observed that they had already given a verdict on the recounting of votes and asked Hassan Raza Pasha, the counsel for the petitioner if the facts are also the same in this case.
The counsel for the petitioner replied in the affirmative. Justice Naeem Akthar Afghan, however, asked the counsel that according to the Returning Officer (RO), the application was not received for recount. The judge observed that the application submitted before the RO did not mention the date.
“How we can accept that the application was filed before the RO on February 9, 2024”, Justice Naeem Akhtar Afghan remarked.
“Establish through the record that the Returning Officer (RO) was approached well on time for recounting of votes”, Justice Afghan asked the counsel for the petitioner
The judge observed that the counsel for the petitioner was relying on the recent judgment of the Supreme Court adding that the Supreme Court has settled that the Returning Officer (RO) could not refuse to hold a recount if the application was submitted before him well on time. Similarly, the apex court in its judgment also explained the difference of votes of the contesting candidates to recount”, Justice Naeem Akhtar Afghan added.
The judge, however, observed nothing is established from the record that the application for recounting was filed on February 9, 2024.
Whether the RO at any forum has admitted that the application was filed for recounting “, Justice Naeem Akhtar Afghan questioned to which Hassan Raza Pasha, counsel for the petitioner replied that the RO can also tell a lie as well.
The judge, however, again asked the counsel to establish from the record that the application was filed before RO well on time for the recounting of votes. The counsel, however, replied that the Lahore High Court had also noted down in its judgment that his client had filed an application with RO for recounting.
At this, Justice Amin-ud-Din Khan observed that maybe the learned high court had made an error. Meanwhile, the court asked the Director General (Legal) Election Commission if anything exists in its record about the application of Ali Gohar with RO regarding the recounting of votes in the said constituency.
He responded that as per their record, the application was not filed by the petitioner on February 9, 2024.
Meanwhile, the court upheld the verdict of the Lahore High Court setting aside the ECP order and maintaining SIC’s candidate Saadullah as the winning candidate at NA-97, Faisal constituency and dismissed the appeal of PML-N candidate Ali Gohar.
