ALI GOHAR KHAN vs ELECTION COMMISSION OF PAKISTAN, ISLAMABAD S — 2024 SCMR 1945 SUPREME-COURT

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ALI GOHAR KHAN VS ELECTION COMMISSION OF PAKISTAN, ISLAMABAD S. 95(5)---General Elections, 2024---Recounting of ballot papers on the directions of the Election Commission of Pakistan---Legality---Petitioner-candidate claimed that he had given the application for recounting of the votes to the Returning Officer (RO) on the morning of 9th February 2024 but the computer typed application for recounting of votes, relied upon by counsel for the petitioner did not bear any date and signature/thumb impression of the petitioner and in this regard no cogent reason/explanation was available on record---Counsel for the Election Commission of Pakistan (ECP) stated that the relevant record did not confirm receipt of the above application in the office of the RO before initiating the proceedings for consolidating the results of the count---In his written report/para-wise comments submitted before the ECP, the RO had categorically denied submission of application by the petitioner for recounting of the votes prior to commencement of the proceedings for consolidating the results of the count with the statement that the same was an afterthought---Petitioner had failed to prove that he had submitted application for recount of the votes on 9th February 2024 prior to the commencement of the proceedings for consolidating the results of the count---Hence, one of the pre-requisite for recounting the ballot papers under section 95 (5) of the Elections Act, 2017 i.e. submitting application for recounting before commencement of the proceedings of consolidating the results of the count, was not fulfilled by the petitioner---Thus, there was no occasion for the ECP to accept the representation of the petitioner and to issue directions to the RO for recounting the votes after consolidation of the results of the count on 10th February 2024---Petition was dismissed and leave to appeal was refused.

ALI GOHAR KHAN vs ELECTION COMMISSION OF PAKISTAN, ISLAMABAD S — 2024 SCMR 1945 SUPREME-COURT

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