LAHORE: The Lahore High Court (LHC) on Thursday dismissed Pakistan Muslim League-Nawaz (PML-N) leader Azhar Qayyum’s petition seeking a vote recount in NA-81 Gujranwala.
Justice Shahid Karim heard the petition filed by Sunni Ittehad Council (SIC) leader Rana Bilal Ijaz. “The order of vote recount cannot be given following the issuance of Form 47, Form 48 and Form 49,” the LHC said.
The court said: “The notification issued by the Election Commission of Pakistan (ECP) has no legal status. The notification of the vote recount could have been issued during the election process.”
“The notification of the vote recount issued on March 18 is illegal,” said the court.
The court, while retaining the victory status of SIC leader Ijaz in NA-81, had deemed the vote recount “illegal”.
Earlier on April 17, LHC Justice Shahid Karim had overturned PML-N MNA Azhar Qayum Nahra’s victory from NA-81 (Gujranwala) after a vote recount.
The court had passed the orders while admitting a petition by PTI-backed independent candidate Chaudhry Bilal Ijaz who had won the election on February 8.
The petitioner’s counsel contended that his client was initially declared elected by 7,791 votes. However, the Election Commission of Pakistan (ECP) conducted a recount on a request of the respondent, Mr Nahra, after which he was declared victorious with a margin of 3,100 votes.
At least 10,000 votes of the petitioner were declared cancelled in the recount, the counsel said.
He argued that the commission violated the law by allowing a recount after the formation of the election tribunals to hear challenges to election disputes and asked the court to strike down the ECP’s impugned recount order for being unlawful.
Justice Karim observed that in ordering the recount, the ECP had ignored the Supreme Court’s ruling. The judge also asked the ECP lawyer if ignoring the Supreme Court’s decision constituted contempt of court.
The judge maintained that the commission could not entertain complaints against election disputes after tribunals had started working, and allowed the petition, setting aside the notification of the respondent’s victory.
