PHC dismisses three writ petitions for vote recount

PESHAWAR: The Peshawar High Court (PHC) on Wednesday dismissed three writ petitions by losing candidates seeking recounting of the votes with observation that it has no jurisdiction to hear the cases after the Election Commission of Pakistan notified the results.

A division bench comprising Justice Roohul Amin Khan and Justice Shakeel Ahmad dismissed the writ petition filed by former MNA and an independent candidate Shah Jee Gul Afridi, seeking recounting in NA-43 Khyber. The bench on Tuesday had issued stay order to stop the Election Commission of Pakistan from notifying PTI nominee Noorul Haq Qadri as the winner from the NA-43, Khyber, constituency in the July 25 election over his rival candidate's petition for vote recount.

However, the bench dismissed the petition when legal advisor of the Election Commission of Pakistan informed the bench that result of the constituency had been notified before the stay order of the court.

He submitted that once the ECP notified the result, then the court had no jurisdiction to hear the petition. He said that now the petitioner had the right to move an election petition in the Election Tribunal to be constituted in few days.

Former MNA and independent candidate Shah Jee Gul Afridi had filed the petition through his lawyer Qazi Muhammad Anwar, claiming that the returning officer of his constituency first ordered a vote recount but later withdrew the order in an illegal move.

Respondent Noorul Haq Qadri, a former MNA, had won the election by getting around 3,100 more votes than the petitioner. Qazi Mohammad Anwar said several irregularities were reported in his client's constituency during the July 25 election.

He said initially, the returning officer had declared Noorul Haq Qadri winner prompting his client to formally ask for a vote recount. The lawyer said on July 27, the returning officer ordered a vote recount at 182 polling stations next morning but he later cancelled that order over a possible threat to public peace in the constituency.

He said the Elections Act, 2017, didn't empower the returning officer to withdraw the vote recount order and so, that order was illegal. The court dismissed the writ petition filed by MMA's losing candidate Mufti Gohar Shah, seeking recount of the votes on PK-56 Charsadda, which has won by the PTI's candidate Khalid Khan Mohmand.

Counsel for the petitioner submitted that the petitioner had filed an application for recounting of votes in time, but was dismissed without any reason. He said that there is only 218 votes' difference as the PTI candidate has got 20,247 votes, while the MMA candidate 20,029 votes.

The court dismissed the petition with observation that the results were notified by the ECP and the court has no jurisdiction to hear the case. Similarly, the court also dismissed a writ petition filed by PTI failed candidate Farid Khan Toofan for recounting of the votes on PK-85 Karak. The MMA candidate and former provincial minister Mian Nisar Gul had won the election on PK-85 by obtaining 29,768 votes, while the petitioner had obtained 28, 579 votes.