ABDUL REHMAN KHAN KANJU vs ELECTION COMMISSION OF PAKISTAN through Secretary, Islamabad Ss

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ABDUL REHMAN KHAN KANJU VS ELECTION COMMISSION OF PAKISTAN through Secretary, Islamabad Ss. 8, 9, 95(5) & 98---Constitution of Pakistan, Arts. 199, 218(3) & 225---General Elections, 2024---Recounting of ballot papers on orders of the Election Commission of Pakistan after consolidation of results---Constitutional petition filed before the High Court against the recounting of ballot papers---Maintainability---Where no legal remedy is available to an aggrieved party during the process of election or after its completion, against such order of the election functionaries which is patently illegal/without jurisdiction and the effect is to de-franchise a candidate, he can press into service constitutional jurisdiction of the High Court---In the present cases the authority and the jurisdiction of the Election Commission of Pakistan ('the Commission') to entertain the application/petition (for recount of ballot papers) was challenged before the different Benches of the High Court by filing writ petitions under Article 199 of the Constitution, therefore, the High Court was fully justified to examine the jurisdiction and illegality as to whether, the orders passed by the Commission after consolidation of results and issuance of Notification by the Commission, under the purported exercise of Sections 8, 9 and 95 of the Elections Act, 2017 read with Article 218(3) of the Constitution were without jurisdiction and lawful authority or otherwise---While passing the impugned judgments/orders in the writ petitions, the High Court neither entertained nor decided any election petition or dispute as contemplated under the Elections Act---On the contrary, it decided a fundamental question posed for determination relating to the scope and extent of the jurisdiction vested in the Commission, after final consolidation of the results and issuance of Notification of the returned candidate under Section 98 of the Elections Act, and also the forum, wherein, the remedy could have been sought in respect of dispute relating to recount of the ballot papers under Section 95 of the Elections Act, therefore, any objection with regard to maintainability of the constitutional petition before the High Court, while referring to provision of Article 225 of the Constitution, was misconceived---Impugned judgments/orders passed by the High Court did not suffer from any factual error or legal infirmity, therefore, did not require any interference by the Supreme Court---Accordingly petitions were dismissed and leave to appeal was refused.

ABDUL REHMAN KHAN KANJU vs ELECTION COMMISSION OF PAKISTAN through Secretary, Islamabad Ss — 2024 SCMR 1902 SUPREME-COURT

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