ISLAMABAD: Chief Justice Qazi Faez Isa emphasised on Monday that the election commission, like the Supreme Court, is constitutionally mandated to ensure free, fair, and transparent elections in the country.
Chief Justice Isa presided over a three-member bench hearing the appeal of PMLN candidate Azhar Qayyum Naraki regarding the NA-81 National Assembly constituency.
During the hearing, Ahsan Bhoon, counsel for the petitioner, argued that his client had succeeded in the vote recount process. Justice Aqeel Abbasi observed that the returning officer had not ordered the recount as requested, saying that he was legally obligated to conduct a recount.
“What recourse is available if the returning officer rejects a recount request?” Justice Abbasi asked. The counsel replied that Form 47 had been issued by the returning officer on February 9. Chief Justice Isa then inquired about the purpose of Form 47.
The counsel explained that Form 47 contains preliminary results, while the final results are provided on Form 48. Justice Naeem Akhtar Afghan observed that the recount application had been submitted before the final results were declared.
Chief Justice Isa questioned if evidence could be presented to support a vote recount. The court was informed that the returning officer’s responsibilities concluded after announcing the election results.
However, Chief Justice Isa remarked that elections are a process that includes recounting, but unfortunately, courts often ‘go too far’. “The election commission bears the responsibility of conducting transparent elections in the country,” Chief Justice Isa said, highlighting the commission’s constitutional role akin to that of the Supreme Court.
“Why oppose opening the ballot boxes if victory can be secured through a recount as well?” Chief Justice Isa queried the counsel, emphasising the importance of rectifying any discrepancies early in the process. The court concluded proceedings on the NA-81 constituency matter and adjourned further hearings on related election disputes until July 11.
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