Ch. MUHAMMAD HUSSAIN vs THIRD ADDITIONAL DISTRICT AND SESSIONS
The petitioner challenged the dismissal of his election petition and subsequent attempts to secure a recount of ballot-papers after losing an election to the Municipal Corporation, Faisalabad. After his initial election petition was dismissed on a technical ground, he pursued remedies through multiple constitutional petitions in the High Court and an additional application before the Election Tribunal, all of which failed. Seeking leave to appeal before the Supreme Court, the core legal question concerned the jurisdiction of the Election Tribunal to order a recount after having already dismissed the election petition. The Supreme Court held that once the Election Tribunal dismissed the election petition, it became functus officio and was left with no jurisdiction to order a recount of the ballot-papers. The petition for leave to appeal was accordingly dismissed as misconceived and without merit.
- Does an Election Tribunal retain jurisdiction to order a recount of ballot-papers after dismissing an election petition?
- Can a candidate challenge the dismissal of an election petition through successive constitutional petitions and subsequent recount applications before the tribunal?
ORDER
SAAD SAOOD JAN, J.---The petitioner was a candidate from electoral Unit No. 40 in the election to the Municipal Corporation, Faisalabad. He lost the election whereupon he filed an election petition.
His petition was dismissed on a technical ground. He filed a Constitution petition in the High Court but that too failed. He then filed another application before the Election Tribunal seeking recount.
This too was dismissed. He again moved the High Court in the Constitution jurisdiction but without any success. He now seeks leave to appeal from this Court.
2. Thus petition is clearly misconceived. After the learned Election Tribunal had dismissed his election petition, it was left with no jurisdiction to order a recount of the ballot-papers. This petition is without any merit and is hereby dismissed.