ISLAMABAD: The Supreme Court (SC) on Wednesday set aside the verdict of Lahore High Court (LHC) ordering recounting of vote in an important National Assembly Constituency NA-131, Lahore wherein Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan emerged victorious defeating PML-N leader Khawaja Saad Rafique in July 25 elections.
A three-member bench of the apex court headed by Chief Justice of Pakistan (CJP) Justice Mian Saqib Nisar and Justice Ijazul Ahsan and Justice Umar Ata Bandial admitted appeal filed by PTI Chairman Imran Khan against the LHC decision.
PTI Chairman Imran Khan had bagged 84,313 votes in the National Assembly Constituency NA-131, Lahore, defeating PML-N leader Khawaja Saad Rafique by 680 ballots.
The PML-N leader had then requested the constituency's Returning Officer (RO) to conduct a recount of the rejected votes. Following the re-tabulation, Imran's margin of victory had reduced to 608 votes.
Later, Khawaja Saad Rafique filed a petition, seeking recounting of votes of the whole constituency but the Returning Officer (RO) however rejected the plea and the PML-N leader challenged the decision in the Lahore High Court.
On August 4, the LHC heard Rafique's petition and ordered a recount in the constituency. The LHC had also ordered the Election Commission of Pakistan (ECP) to withhold Imran’s victory notification for NA-131 till the completion of recounting process.
Meanwhile, the ECP the other day had notified all successful candidates but withheld those challenged in courts, including Imran’s notification for the said constituency.
Dr Babar Awan, legal counsel for PTI challenged the LHC verdict in the Supreme Court (SC). On Wednesday, the court however, suspended the LHC verdict after admitting the appeal of Imran Khan for regular hearing.
The court questioned the jurisdiction of the learned high court to interfere in matters that comes under the ECP domain. Sardar Aslam, counsel for Khawaja Saad Rafique submitted before the court that under Section 95 sub section 25 of Elections Act 2017, the Returning Officer is bound to recount the votes if there is a difference of 10,000 votes.
The learned counsel referred to the victory speech of PTI Chief Imran Khan, promising to reopen all problematic constituencies. The Chief Justice however, observed that it was a political statement, adding that the apex court decides cases as per law and the Constitution.
Sardar Aslam further contended if Imran Khan retained the NA-131 seat, they would approach the Election Tribunal and will withdraw their application from the LHC.
Later, the court set aside the LHC verdict after admitting plea of Imran Khan.
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