Law: Elections Act, 2017

Section: 8(b),95,98(1),101(1),103(b),140

Elections Act (XXXIII of 2017)---

----S. 95(5)(a)---Civil Procedure Code (V of 1908), O.VIII, R.5---Constitution of Pakistan, Art.199---Constitutional petition---Election dispute---Consolidation of result---Recounting of ballot papers---Victory margin less than 5% of ballot papers---Petitioner was declared as returned candidate after initial counting of votes but on recount of ballot papers, respondent was declared as returned candidate---Validity---Petitioner did not deny that the margin of victory between him and respondent candidate was less than 5% of total votes polled in concerned constituency---Such difference of votes satisfied the condition stipulated in S. 95(5)(a) of Elections Act, 2017, for Returning Officer to recount ballot papers of one or more polling stations upon request---Liberal construction of law warranted to hold that Returning Officer's failure to recount ballot papers or to pass an order in respect of respondent candidate's application despite such application meeting the prescribed threshold amounted to rejection of such application---High Court declined to interfere in the matter as petitioner failed to point out any illegality or infirmity or jurisdictional defect in the order passed by Election Commission of Pakistan resulting in miscarriage of justice---Recount had taken place since filing of petition before High Court and petitioner had invoked equitable jurisdiction but did not point out any error in result of such recount whereby respondent candidate was declared successful candidate---Petitioner did not institute any legal proceedings before any other forum to challenge the order passed by Election Commission of Pakistan---Constitutional petition was dismissed, in circumstances.

Rana Muhammad Faraz Noon v. Election Commission of Pakistan and others (W.P. No. 1333/2024); Aliya Hamza Malik v. The Returning Officer NA-118 Lahore, Case No.7 (166)/2024-Law-III (GE); Mir Mujib-ur-Rehman Muhammad Hassani v. Returning Officer, PB-41 Washuk, PLD 2020 SC 718; Zia-ul-Hassan Lanjar v. Election Commission of Pakistan PLD 2019 Sindh 163; Moulana Atta-ur-Rehman v. Al-Hajj Sardar Umar Farooq PLD 2008 SC 663; Aftab Shahban Mirani v. Muhammad Ibrahim Jatoi 2016 CLC 222; Maulvi Abdul Ghani v. Election Tribunal, Balochistan 1999 SCMR 1 and Let. Gen. (R) Salahuddin Tirmizi v. Election Commission of Pakistan PLD 208 SC 735 ref.