| Case ID |
05ef0edf-5fb2-4dc2-811a-93efc969db65 |
| Body |
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| Case Number |
D-1426 of 2018 |
| Decision Date |
Aug 09, 2018 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the constitutional petition filed by the petitioner seeking recounting of ballot papers in the General Elections 2018 for PS-36 Naushehro Feroze-IV. The court found that the request for recounting was made after the consolidation of results had occurred, which was a closed transaction as per the Elections Act, 2017. The court concluded that the petitioner had availed the remedies under the relevant sections of the Elections Act but failed to meet the necessary conditions for a recount before the consolidation proceedings. It was determined that the Election Commission had acted within its legal authority in dismissing the petitioner's application. Consequently, the court advised the petitioner to pursue his grievances through an election petition in the appropriate forum, dismissing the petition as devoid of merit. |
| Summary |
The case revolves around a constitutional petition filed by Muhammad Iqbal Mahar against the Election Commission of Pakistan regarding the recounting of ballot papers in the General Elections 2018. The petitioner contested the decision made by the Returning Officer, arguing that the margin of votes was within the limits set by the Elections Act, 2017. The Sindh High Court examined the provisions of the Elections Act, specifically Section 95, which outlines the conditions under which a recount may be requested. The court concluded that since the results had already been consolidated, the petitioner could not invoke the jurisdiction of the High Court for a recount, as the law provided specific remedies for such disputes. This case highlights the importance of adhering to procedural requirements in electoral matters and reinforces the legal framework established by the Elections Act, 2017. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD IQBAL MAHAR,
AMJAD ALI SAHITO
|
| Lawyers |
Farooque H Naek,
Zamir Hussain Ghumro,
Qurban Ali Malano,
Liaquat Ali Shar,
Oshaque Ali Sangi,
A.D. Sangi
|
| Petitioners |
Muhammad Iqbal Mahar
|
| Respondents |
Election Commission of Pakistan
|
| Citations |
2019 SLD 779,
2019 PLD 163
|
| Other Citations |
Not available
|
| Laws Involved |
Elections Act, 2017,
Constitution of Pakistan, 1973
|
| Sections |
95,
95(5),
95(6),
199
|