MUHAMMAD TARIQ ZAKHMI and others vs ELECTION TRIBUNAL and others
This matter arises from a petition for leave to appeal against the dismissal of a writ petition by the Lahore High Court, which upheld the decision of the Election Tribunal. The petitioners and respondents contested the election of Nazim and Naib Nazim of Union Council 43/7, District Gujranwala. Initially notified as returned candidates, the petitioners faced an election petition filed by the respondents, resulting in a recount of ballot papers by the Election Tribunal that declared the respondents as the successful candidates. The core legal question concerned the legality of the recount and the scope of the Punjab Local Government Election Rules, 2000 regarding election petitions and recounting of votes. The Supreme Court held that the High Court rightly refused to interfere with the recount and subsequent declaration of the respondents, as substantial justice had been done between the parties. The key principle laid down is that where a recount by an Election Tribunal establishes the majority of valid votes in favor of a candidate, constitutional courts will not interfere with the election result if substantial justice has been achieved.
- Whether an Election Tribunal has the authority to order a recount of ballot papers in a local government election dispute?
- Can the High Court interfere under constitutional jurisdiction with a recount ordered by an Election Tribunal where substantial justice has been done?
- Rule 81, Punjab Local Government Election Rules 2000
' FAQIR MUHAMMAD KHOKHAR, J.---The petitioners seek leave to appeal from order dated 31-1-2002 passed by the Lahore High Court, Lahore in Writ Petition No,19911 of 2001.
2. The petitioners and respondents Nos.3 and 4 contested the election of Nazim/Naib Nazim of Union Council 43/7, District Gujranwala. The petitioners were notified by the District Returning Officer as returned candidates for Nazim and Naib Nazim for the said Union Councils. The respondents Nos.3 and 4 filed election petition which was accepted as a result of recounting, by the Election Tribunal, of the ballet papers cast in favour of the respective parties. Consequently, they were declared as Nazim and Naib Nazim. The petitioners filed Writ Petition No,19911 of 2001 which was dismissed by the impugned judgment dated 31-1-2002.
3. Learned counsel for the petitioners argued that neither the voters cast in the constituency could be recounted by the Election Tribunal nor any election petition could be filed beyond the scope of rule 81 of the Punjab Local Government Election Rules, 2000. It was further argued that no objection was taken before the Presiding Officer, on behalf of the respondents as to the double stamped ballet papers which were cast and counted in favour of the petitioners at the relevant time.
4. We have heard the learned counsel for the petitioners at length. As a result of the recount, by the Election Tribunal, of the ballet papers cast in the Constituency the respondents were found to have bagged 706 valid votes as against the petitioners who secured 687 votes. In these circumstances, the Lahore High Court by the impugned judgment rightly refused to interfere with the recount of the votes and subsequent declaration of the respondents as returned candidates. The substantial justice having been done between the parties, no case for interference with the impugned judgment by this Court has been made out by the learned counsel for the petitioners. No exception can be taken to the impugned judgment in the facts and circumstances of the case.
5. Resultantly, this petition for leave to appeal has no merit and the same is dismissed accordingly.
No order as to costs.