MUHAMMAD ATIF vs ELECTION COMMISSION OF PAKISTAN S — 2025 PLD 146 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD ATIF VS ELECTION COMMISSION OF PAKISTAN S. 95(5), (6), (7) & (8)---Constitution of Pakistan, Art.199---Consolidation of results---Recounting of ballot papers---Jurisdiction of Election Commission of Pakistan (ECP)---Scope---Interference by ECP after completion of process of consolidation of results by Returning Officer (R.O.)---Legality---Long investigation of ECP in resolving the controversy as to consolidation of results---Effect---Plea of haste on part of R.O. in completing the consolidation results---Validity---Recount of ballot papers and the power to be exercised by ECP has to be done before conclusion of the consolidation proceedings and if the exercise of power is not completed as contemplated by S.95(6), of Elections Act, 2017 ECP cannot thereafter proceed to exercise such power on the misplaced notion that it can do so by invoking the provisions of S.8 of the Elections Act, 2017, (Act) or any other provision in law or the Constitution---ECP delayed the matter and initiated inquiries into the entire process of election,which was not the mandate of S.95(6) of the Act as when an application was made to ECP it merely had to see whether the R.O. had proceeded in accordance with law while refusing recount of votes under the powers conferred by S.95(5) and no more---In any case, it could only have done so prior to completion of the consolidation proceedings by the Returning Officer---Returning Officer could have awaited the period prescribed for consolidation proceedings to be completed and given in proviso to S.95(7)of the Act but that was for ECP to instruct the R.Os. and indeed some time must be given to ECP to exercise its powers in terms of S.95(6) of the Act---Provision for further time in that regard could only be done by an amendment in the law regarding which High Court was not empowered to issue a direction and it was for the legislature to look into the same---Constitutional petition was dismissed, in circumstances.

MUHAMMAD ATIF vs ELECTION COMMISSION OF PAKISTAN S — 2025 PLD 146 LAHORE-HIGH-COURT-LAHORE

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