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

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ABDUL REHMAN KHAN KANJU VS ELECTION COMMISSION OF PAKISTAN through Secretary, Islamabad S. 95(5)---General Elections 2024---Recounting of ballot papers on orders of the Election Commission of Pakistan---Legality---Returning Officer and Election Commission of Pakistan, powers of---Whether consolidation of results had been completed before the recounting of ballots---Held, that counting and the recounting of ballot papers is not a judicial or even a quasi-judicial act---It is an administrative-ministerial act---Only prerequisite to undertake it is for the Returning Officer to simply determine the percentile/numerical difference between the first two candidates, upon receipt of an application requesting recount---In the present cases/petitions it was admitted that applications seeking recount were submitted in respect of all four constituencies and that the difference in the margin of victory between the first two candidates was well within the stipulated percentile/number as prescribed in section 95(5) of the Elections Act, 2017---Returning Officer did not in any of the present cases state that the consolidation of results had already taken place and, therefore, the application seeking recount of the ballot papers could not take place---Application seeking recount in respect of one constituency was dismissed holding that it was not maintainable without giving any reason for its non-maintainability---In respect of another constituency it was stated that the applicant had failed to substantiate his claim, but it was not stated what he was required to substantiate and later the Returning Officer stated that recounting could not take place because a mob had gathered which had prevented him to recount the ballot papers---In respect of another constituency the Returning Officer rejected the recount application stating that the applicant had failed to establish his claim and that a mob had gathered which had prevented him to recount the ballot papers---In respect of the Provincial Assembly constituency superfluous reasons were given by the Returning Officer in rejecting the application seeking recounting of the ballot papers---Returning Officers cannot surrender their powers to mob rule nor can forego their statutory duty to recount---If this is accepted it would create a very dangerous precedent and render the law regarding recounting meaningless by those resorting to lawlessness---This would also deprive the candidate seeking recount of the ballot papers of this statutory right/remedy---As regards the contesting respondents' contention that the consolidation of results had already taken place when the applications seeking recount of ballot papers were submitted, no proof was tendered to show that this was done pursuant to the law---Section 95(1) of the Elections Act requires the Returning Officer to give to all contesting candidates and to their election agents 'a notice in writing of the day, time and place fixed for the consolidation of the results'---Contesting respondents, who had filed the petitions in the High Court, did not produce the requisite notices given by the Returning Officer, nor did they produce them before the Supreme Court---When the petitioners' allege that the notices were not issued it cannot be assumed that the requisite notices regarding consolidation had been given, as stated by the contesting respondents---Petitions were converted into appeals and allowed by setting aside the impugned judgments and dismissing the writ petitions filed before the High Court.

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

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