Muhammad Nasir Cheema vs Election Commission of Pakistan Ss — 2024 MLD 1376 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 MLD 1376 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: MLD
Parties: Muhammad Nasir Cheema vs Election Commission of Pakistan Ss
Subject matter: Constitutional
Provisions referred to: S. 95

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Muhammad Nasir Cheema VS Election Commission of Pakistan Ss. 8 (b) & 95---Election dispute---Recounting of votes---Consolidation of result---Petitioner / returned candidate was aggrieved of order passed by Election Commission to recount votes after consolidation of result---Validity---Consolidation of result took place prior to decision on application for recounting of votes and thereafter petitioner was notified as returned candidate---Election Commission had no jurisdiction to entertain second application of respondent let alone pass an order thereon for recounting of votes---Respondent / candidate, after consolidation of election result had option of filing an election petition in which proceedings ballots could be recounted---After consolidation of election result Election Commission had become functus officio in relation to any power under S.95 (6) of Elections, Act, 2017---High Court set aside order passed by Election Commission as the same was passed without lawful authority and was of no legal effect---Constitutional petition was allowed, in circumstances.

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