GHULAM RASOOL vs ELECTION COMMISSION OF PAKISTAN through Secretary, Islamabad Ss

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GHULAM RASOOL VS ELECTION COMMISSION OF PAKISTAN through Secretary, Islamabad Ss. 95(5) & 95(6)---Election for seat of Provincial Assembly---Recounting of votes by the Returning Officer---Allegation of illegal and corrupt practices---Not proved---Respondent No. 11/returned candidate received 21,103 votes which was the highest number, and the runner up was the appellant who received 19,093 votes---Returning Officer recounted the votes which resulted in the respondent No. 11's votes being reduced to 20,706 and the appellant's votes being reduced to 18,787; the difference of votes between them was 1,919 votes---Election Commission of Pakistan ('ECP') issued the requisite notification and declared respondent No. 11, who was recorded to have received the highest number of votes to have won the elections---Legality----Presiding Officers testified as court witnesses and the parties were given an opportunity to cross-examine them---Despite cross-examining them at length the alleged wrongdoing on their part could not be established nor could it be established that the copies of Form-45s produced by the appellant were copies of the actual Form-45s---Appellant's allegation that the respondent No. 11 had familial and other ties with the Presiding Officers was also not established---Appellant had questioned the declared results and had sought recounting which was allowed---Pursuant to the recounting the votes received by the winning candidate (respondent No. 11) were reduced and so too those received by the appellant, however, the respondent No. 11 still emerged as the victorious candidate having received 1,919 more votes than the appellant---Judge of the Tribunal independently examined the case from all angles and attended to the allegations levelled by the appellant and correctly concluded that his allegations were not established, and that the election results were fair---Appeal was dismissed. Citation Name: 2024 PLD 981 SUPREME-COURTBookmark this Case GHULAM RASOOL VS ELECTION COMMISSION OF PAKISTAN through Secretary, Islamabad Ss. 90(10) & 92---Election Rules, 2017, Rr. 81(1) & 84(1)---Form-45 prepared by the Presiding Officer of each polling station---Form-47 issued by the Returning Officer---Significance of both Forms---Ballot papers that are cast are the determinative factor---What is recorded by a Presiding Officer or a Returning Officer in the requisite forms is not the final determination of the vote count if the votes are ordered to be recounted, which is done by opening the bags/packets containing the ballot papers---Ballot papers which are cast is the primary evidence of the election result---Presumption of correctness is attached to Form-45 and Form-47 until the ballot papers are ordered to be recounted. Citation Name: 2024 PLD 981 SUPREME-COURTBookmark this Case GHULAM RASOOL VS ELECTION COMMISSION OF PAKISTAN through Secretary, Islamabad Ss. 95(5) & 95(6)---Recounting of votes by the Returning Officer---Candidate may request for recounting of the votes, and if such request is allowed, the votes are recounted, after issuance of notice to all the candidates, and recounting takes place in the presence of all those who elect to attend---If there is a dispute in this regard the actual votes which were cast determine the controversy---However, needless to state, if the seal of the bags/packets are found to be broken or tampered with the sanctity of votes therein stands compromised.

GHULAM RASOOL vs ELECTION COMMISSION OF PAKISTAN through Secretary, Islamabad Ss — 2024 PLD 981 SUPREME-COURT

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