ISLAMABAD – The Supreme Court of Pakistan Wednesday dismissed an appeal of Pakistan Muslim League-Nawaz (PML-N) candidate for recounting of votes in NA-97 Faisalabad-III.
Pakistan Tehreek-e-Insaf (PTI) backed candidate Muhammad Saadullah won the NA-97 seat from Faisalabad with 72,614 votes, while PML-N candidate Ali Gohar Khan secured 70,311 votes.
A two-member-bench of the apex court comprising Justice Amin-ud-Din Khan and Justice Naeem Akhtar Afghan conducted hearing of the appeal of PML-N candidate Ali Gohar Khan for recounting of votes. The bench after hearing the arguments maintaining the Lahore High Court verdict declared PTI backed candidate Muhammad Saadullah as winner.
The court noted that the PML-N candidate did not file any application before the Returning Officer (RO) for recount of votes. Justice Naeem said the apex court had already passed an order, which says whenever any petition for recounting comes in time then RO cannot refuse recounting.
He inquired from the petitioner’s counsel whether the facts of his case were similar to the one which had been decided by the apex court recently. Advocate Hassan Raza Pasha, representing PML-N candidate, replied yes.
However, Justice Naeem said in his case the application before the RO for recounting was not filed in time, adding that the RO order said no application in this regard had been received on February 9. He further said that the application which he was showing to the Court has no date.
Justice Naeem asked the counsel to show from the record that the application was filed before the consolidation of result. Pasha replied that the Lahore High Court mentioned that the application was given to the Returning Officer.
Justice Amin stated that this could be by mistake. Justice Naeem asked the counsel that there is no record that shows application for recounting was filed on February 9.
Justice Amin then inquired from DG (Law) Election Commission of Pakistan whether there was any application of Ali Gohar Balochi for recounting in ECP record.
DG (Law) informed that according to the Commission’s record there was application by Gohar, but it was unsigned. Justice Naeem remarked that the application which is being referred is without any date.
