The Election Commission of Pakistan (ECP) Sunday stayed the process of consolidation (of results) in NA-15, Mansehra, NA-47, ICT, and NA-48, ICT, till the outcome of the petitions filed by ex-PM Nawaz Sharif, Muhammad Ali Bokhari and Shoaib Shaheen respectively and sought reports from the concerned returning officers (ROs).
The orders in the petitions were issued after the hearing was conducted separately here at the Election Commission Secretariat by the ECP bench, headed by Chief Election Commissioner Sikandar Sultan Raja.
The order regarding NA-15 says petitioner namely Mian Muhammad Nawaz Sharif contested the election for the seat of National Assembly from constituency NA-I5, Mansehra. As per Form 47, issued by the Returning Officer, the petitioner obtained 80,382 votes while his opponent namely, Shehzada Muhammad Gushtasib Khan obtained 105,249 votes in the contest and was declared as the leading/returned candidate.
The petitioner being aggrieved with the result issued
“The petitioner being aggrieved with the result issued by the returning officer (RO) has filed an instant petition whereby it has been prayed as under That the notification of the result of NA-15 may kindly be withheld in the interest of justice and to make the election fair and transparent and that declare that the Form 47 is not as land rules and result of the remaining polling stations also be included in the final result. That the respondent may be directed to recount the entire votes and make the counting as per the mandate of the election law,” the order notes.
The learned counsel for the petitioner, Jahangir Khan Jadoon, ASC, appeared and contended that the result of NA-15 on Form 47 had been prepared by the RO without receiving and adding Form 45 of approximately more than 125 polling stations. He contended that the above-mentioned 125 Form 45 has not been provided to the petitioner as well.
He said that these 125 polling stations were located in remote, far-flung, and snow-bound areas of Kala Dhaka (Torgarh). He also contended that the petitioner has lost the election of NA-l5 as per incomplete Form 47 and has serious reservations about the said form.
The learned counsel also argued that the petitioner has also approached the concerned RO but his grievance has not been readdressed. The counsel prayed that Form 47 issued by the RO may be withheld and results of the remaining polling stations may be included in the final result. He requested that the RO may be directed to recount the entire votes and by election laws. Arguments heard and recorded perused. The office has been informed that the RO has issued notices for consolidation under Section 95 of the Elections Act, 2017 today i.e. 11-02-2024 at 3:00 pm.
The order said for a just and fair decision in the matter, it is directed that notice be issued to the RO along with a copy of the petition for his comprehensive report within three days which shall reach this office before the next date of hearing.
Furthermore, the process of consolidation shall remain suspended till the outcome of this case, if not already concluded. Notice be also issued to the Returned Candidate. The matter be relisted for 15-02-2024.
the petition filed by the petitioner
Regarding the petition filed by the petitioner, Syed Muhammad Ali Bokhari contested the election for NA-48. As per Form 47 issued by the RO, the petitioner obtained 59,851 votes while his opponent, Raja Khurram Shahzad Nawaz, obtained 69,699 votes and was declared as the leading/returned candidate.
The petitioner being aggrieved with the result issued by the returning officer has filed an instant petition. The petitioner appeared in person along with his counsel Faisal Fareed, ASC, and argued that as per Form-45 issued by the presiding officers of 257 out of 261 polling stations, the petitioner obtained 74,425 votes whereas Raja Khurram Shahzad Nawaz obtained 30,345 votes. Learned counsel submitted that as per the Form-45 obtained by their polling agents from the offices of presiding officers, he is the winning candidate of the constituency.
The council has also submitted the photocopies of all the Form-45 which are taken on record. He argued that the application on the same day was given to the RO for correction of the result. He submitted that the recount may be ordered in the constituency NA-48 and in the meanwhile the commission may order a stay of consolidation proceedings and notification of the returning candidate.
He referred to the provisions of Section 8(b), (c) of the Elections Act, 2017, and argued that the commission has the power to make such orders which are best in the interest of justice. He also highlighted that the procedure provided under Section 90 of the Act was not followed by the concerned RO.
Upon query regarding the consolidation process, he replied that the RO has given notice for consolidation of the result at 1:00 pm today. The counsel, while concluding his arguments, referred to the case of Miss Nosheen Iftikhar VS Ali Asjad Malhi (Daska Case) and prayed for setting aside the Form-47 issued by the RO and preparation of a fresh while accepting his petition. Arguments heard and recorded perused.
“The office has informed that the returning office has issued notice for consolidation under Section 95 of the Act for today i.e. 11-02-2024 at 1:00 pm.
Matter cannot be without Getting a Report
The matter cannot be decided without getting a report from the concerned RO and without issuing notice to the returned candidate. Therefore, for a just decision in the matter, it is directed that notice be issued to the RO along with a copy of the petition for his comprehensive report within three days which shall reach this office before the next date of hearing. Furthermore, the process of consolidation shall remain suspended till the outcome of the case, is not already concluded.
Notice be also issued to the returned candidate which shall be served through concerned DEC along with a copy of the application,” it says. About the petition filed by the candidate Muhammad Shoaib Shaheen, who contested the election for the NA-47.
As per Form 47 issued by the returning officer, the petitioner obtained 86,794 votes while his opponent namely, Tariq Fazal Choudhry, obtained 101,397 votes in the contest and was declared as the leading/returned candidate. The petitioner being aggrieved with the result issued by the returning officer has filed an instant petition. The petitioner appeared in person and argued that Form-47 issued by the RO is illegal, unlawful, and contrary to the Elections Act and Election Rules, 2017.
The result may not be finalized based on Form-47
He further added that the result may not be finalized based on Form-47 as according to him the same is not following Form-45 received in the original by his polling agents. He contended that according to their Form-45, he has the lead of more than 53,000 votes. He argued that directions issued by the commission on the different applications submitted by him were not implemented.
“Arguments heard and record perused. The office has informed that the returning office has issued notice for consolidation under Section 95 of the Act, i.e. 11-02-2024 at midnight. The matter cannot be decided without getting the report from the concerned RO and without issuing notice to the returned candidate. Therefore, for a just and fair decision in the matter, it is directed that notice be issued to the RO along with a copy of the petition for his comprehensive report within three days which shall reach this office before the next date of hearing,” the order says.
The order says, “Furthermore, the process of consolidation shall remain suspended till the outcome of the case, if not already concluded. Notice be also issued to the returned candidate which shall be served through the concerned DEC along with a copy of the application. The office is directed to fix the matter after receipt of the report from the concerned returning officer and inform the concerned accordingly”.