The Supreme Court (SC) on Monday issued a written order regarding the Election Commission of Pakistan’s (ECP) appeal against the establishment of eight election tribunals by the Lahore High Court (LHC).
In the order, the apex court stated that both the ECP and the office of the Chief Justice Lahore High Court (LHC) are constitutional institutions deserving of the highest respect. It emphasised that a face-to-face, meaningful consultation between these two bodies could resolve the issue.
The top court also noted that the attorney general also agreed on the need for meaningful consultation.
The court decided to keep the case pending without delving into its merits, considering it appropriate for the CJ of LHC and the ECP to engage in meaningful consultation.
Separately, CJP Qazi Faez Isa raised a query regarding the definition and legal term used for “Form-47” during a hearing on an electoral dispute involving Pakistan Muslim League (PML-N) leader Azhar Qayyum Nahra in the NA-81 constituency. At the outset of the hearing, Ahsan Bhoon, the counsel for Nara, argued that his client was declared successful after a recount and had approached the Election Commission Pakistan (ECP) to challenge the administrative officer’s ruling. Advocate Bhoon informed the court that the returning officer issued Form 47 on February 9. To which CJP queried, “What is Form-47, and what term is used in the law for it?” “Form-47 is the preliminary result, and the final result is issued on Form 48. Legally, Form-47 is termed the provisional result,” Advocate Bhoon replied.
He added that the returning officer issued Form-48 for the constituency on February 11. Form-48 is crucial in the preparation of election results as it includes the total number of votes cast for each candidate in a specific constituency.
“Can the Election Commission declare someone a winner and then change its decision? Indeed, the returning officer should have conducted a recount based on your request,” Justice Aqeel Abbasi remarked.
