| Case ID |
1f17d8c1-5851-4ef0-ab19-a370d6e5779d |
| Body |
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| Case Number |
W.P. No. 1302-P of 2024 |
| Decision Date |
Mar 26, 2024 |
| Hearing Date |
Mar 26, 2024 |
| Decision |
The Peshawar High Court ruled that the Election Commission of Pakistan (ECP) does not have the jurisdiction to order a recount of votes after the final results have been consolidated and published in the official Gazette. The court emphasized that the ECP's powers under Article 218 of the Constitution and the Elections Act must be exercised within the defined timelines and procedures. Specifically, the ECP can only direct a recount before the consolidation of results. Consequently, the petitions were allowed, and the ECP's orders for recounting were declared void. |
| Summary |
The case revolves around the jurisdiction of the Election Commission of Pakistan (ECP) regarding the recount of votes following the 2024 general elections. The Peshawar High Court addressed whether the ECP could direct a recount after the results were officially published. The court concluded that the ECP's powers are limited by the provisions of the Elections Act, 2017, which stipulates that requests for recounting must be made before the consolidation of results. The ruling reinforced the importance of adhering to legal procedures to ensure the integrity of the electoral process. This case highlights the challenges faced by election authorities in maintaining transparency and upholding electoral laws, making it critical for future electoral processes. Keywords include 'ECP jurisdiction', 'recounting of votes', 'Elections Act', 'election integrity', and 'Peshawar High Court ruling'. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
S.M. Attique Shah,
Syed Arshad Ali
|
| Lawyers |
Shumail Ahmad Butt,
Bashir Khan Wazir,
Mohsin Kamran Siddique,
Qazi Jawad Ehsanullah,
Simran Jehangir
|
| Petitioners |
Zahid Ullah Khan
|
| Respondents |
Election Commission of Pakistan through Secretary, Islamabad and others
|
| Citations |
2024 SLD 4596,
2024 PLJ 126
|
| Other Citations |
PLD 2018 SC 189,
PLD 1989 SC 396,
2023 SCMR 1919,
1995 SCMR 684
|
| Laws Involved |
Elections Act, 2017,
Constitution of Pakistan, 1973
|
| Sections |
4,
8(b)(c),
9,
95,
95(5),
295(5),
296(5),
218(3)
|