LAHORE: The Lahore High Court allowed a petition of a PTI backed independent candidate Muhammad Saadullah and set aside a decision of the ECP for recounting of votes in NA-97, Faisalabad.
The court observed that section 95(5) of the Election Act 2017 grants a right to the contesting candidates or their agents to have ballots of one or more polling stations recounted if a request is made before the consolidation proceedings.
The court said the ECP can also direct the returning officer (RO) to recount the ballots before the conclusion of the consolidation process after issuing notices to the contesting candidates.
The court noted that in the instant case, the consolidation of result took place prior to the decision on the application for recount and as such the ECP had no jurisdiction to entertain the application of the respondent’s plea, the court added.
The petitioner contended through his counsel that he was initially declared successful in the election. However, the ECP on an application by respondent Ali Gohar Khan of PML-N ordered a recount and declared victory for the respondent in the recounting, he said.
He also argued that the impugned decision of the commission to hold a recount after the consolidation of the results was unlawful.
Copyright Business Recorder, 2024
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