SC fines petitioner over frivolous 50pc vote threshold plea

ISLAMABAD: The constitutional bench dismissed a petition on Monday as frivolous, seeking a declaration that only candidates securing more than 50 per cent of election votes could be declared winners.

The seven-member bench, headed by Justice Amin-ud-Din Khan and constituted by the Judicial Commission of Pakistan under the 26th Constitutional Amendment, heard several cases during its proceedings.

The bench included Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Ayesha A. Malik, Justice Hasan Azhar Rizvi, Justice Naeem Akhtar Afghan, and Justice Musarat Hilali. A fine of Rs20,000 was imposed on the petitioner for filing what the court deemed a frivolous petition.

During the hearing, Justice Muhammad Ali Mazhar questioned under which constitutional provision a candidate could be required to secure 50% of the vote. He remarked that election results are determined solely by the votes cast, and nothing can be done about voters who abstain.

Justice Ayesha A. Malik inquired which of the petitioner’s fundamental rights had been violated and which constitutional articles were being breached. Justice Jamal Khan Mandokhail observed that drafting new laws is the prerogative of parliament, not the judiciary.

The petitioner argued that fundamental rights were linked to the issues raised in his petition, asserting that parliament’s decisions directly affect the lives of citizens. Justice Musarat Hilali noted that all individuals have the right to vote, but many choose to stay home and watch television on polling day instead of exercising this right.

“If voters do not vote, that is their failing,” remarked Justice Hilali. Justice Mandokhail then asked the petitioner if he had cast his vote in the general elections. When the petitioner admitted he had not, Justice Mandokhail admonished him, saying his actions disrespected the institution.

Subsequently, the court dismissed the petition and upheld the fine of Rs20,000. In a separate case, the bench dismissed for non-prosecution a petition regarding the blacklisting of Bahria Town. As petitioner Mahmood Akhtar Naqvi failed to appear before the court, the case was dismissed.

Additionally, the bench addressed 1,178 petitions filed against the Income Tax Levy Act 2013. It directed that notices be issued via newspapers to ensure compliance. During the hearing, counsel for the Federal Board of Revenue (FBR) submitted that some notices had not been received. He added that decisions by the Lahore and Sindh high courts were challenged in these petitions. He further highlighted that the addresses of over 400 individuals might be inaccurate. The counsel also raised the issue of the maintainability of appeals. The court stated it would examine this matter in the next hearing and adjourned the case for three weeks.