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Tuesday September 10, 2024

SC overturns LHC verdict annulling vote recount in NA-154, 81, 79

CJP Qazi Faez Isa-led three-member bench upholds ECP's decision declaring PML-N candidates as winners

By Abdul Qayyum Siddiqui
August 12, 2024
Police officers walk past the Supreme Court of Pakistan building, in Islamabad, Pakistan April 6, 2022. — Reuters
Police officers walk past the Supreme Court of Pakistan building, in Islamabad, Pakistan April 6, 2022. — Reuters

ISLAMABAD: The Supreme Court on Monday overturned the Lahore High Court's (LHC) verdict that nullified a vote recount in three National Assembly constituencies won by the Pakistan Muslim League-Nawaz (PML-N) candidates.

The 2-1 majority reserved verdict was announced by a three-member SC bench  headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa in response to the pleas filed by the PML-N leaders.

However, Justice Aqeel Abbasi dissented with the decision in favour of PML-N candidates Azhar Qayyum Nahra, Abdul Rehman Kanju and Zulfikar Ahmed.

I am of the opinion that the impugned judgments/orders passed by the LHC in the aforesaid Writ Petitions do not suffer from any factual error or legal infirmity, therefore, do not require any interference by this Court, under Article 185(3) of the Constitution. Accordingly, the above civil petitions are dismissed and leave to appeal refused," said the verdict.

The development comes after the three leaders, who had lost from their respective constituencies, had requested for the recounting of votes after which the Election Commission of Pakistan's (ECP) declared them winners.

However, the election body's decision was challenged by the Pakistan Tehreek-e-Insaf (PTI) in the LHC which, in April, overturned the election outcome.

The independent candidates then challenged the ECP's decision in the LHC which, in April, overturned the election outcome.

The PML-N candidates then approached the SC against the verdict given by the LHC. Following this, the three-member bench reinstated them as NA members and declared LHC's decision null and void.

The request for a recount in the constituencies of NA-154 (Lodhran), NA-81 (Gujranwala), and NA-79 (Gujranwala) was submitted to the top court, resulting in this decision.