The Supreme Court of Pakistan has declared Khushal Khan Kakar the returned candidate in the key NA-251 case related to the general elections and directed the Election Commission of Pakistan (ECP) to issue his official notification of success.
A three-member bench headed by Justice Shahid Waheed, and comprising Justice Naeem Akhtar Afghan and Justice Shakeel Ahmad, heard the case.
During the proceedings, counsel for the petitioner, Salman Akram Raja, argued that the case revolved around Form 45 and pointed out clear discrepancies between Form 45 and Form 48 for 10 polling stations. He submitted that the results of these 10 polling stations were not correctly reflected in Form 48. According to him, nearly 100 votes were reduced from his client’s tally at each of the 10 polling stations, while the votes of the rival candidate, Syed Samiullah, were increased in Form 48. He presented the relevant Forms 45 before the court.
Justice Naeem Akhtar Afghan remarked that whoever devised the formula appeared to have consistently adjusted figures by 100 votes.
The hearing also included a discussion on the legal provisions for initiating action against a Returning Officer (RO) for issuing incorrect results. Justice Naeem Akhtar Afghan questioned whether action could be taken against an RO and whether the RO is an employee of the Election Commission. Justice Shakeel Ahmad noted that in Pakistan, ROs are sometimes appointed from among teachers and at other times from other government officers. The ECP’s representative submitted that a complete chapter in the law deals with action against ROs and that significant responsibility rests upon them. Salman Raja contended that the error in Form 48 was deliberate.
Representing the rival candidate, counsel Kamran Murtaza argued that there was a contradiction between the stance taken before the tribunal and that before the Supreme Court, and that the tribunal had not decided all issues. He suggested that if so, the case could be remanded. Justice Naeem Akhtar Afghan, however, remarked that arguments should focus on the core issues – Forms 45 and 48.
Justice Shahid Waheed observed that documentary record holds primary importance in elections and that the will of the people is reflected in official documents. Justice Naeem Akhtar Afghan asked whether the parties wished to spend another four years in a similar manner.
During the hearing, the Election Commission acknowledged the authenticity of the Forms 45 presented by Khushal Khan Kakar. Subsequently, the Supreme Court declared him the successful candidate and directed the ECP to issue the formal notification of his victory.