ISLAMABAD - The Supreme Court yesterday set aside the Election Tribunal verdict regarding PS-81, Sanghar-VI.
Jam Madad Ali had won the 2013 general election from PS-81, while Asghar Ali Junejo was the runner up.
The losing candidate later filed an application before the Returning Officer for recounting of votes in 30 polling stations with the claim that his polling agents were forcibly removed from various polling stations.
However, the RO dismissed the application and declared Jan Madad as the returned candidate. Junejo not satisfying with the RO order filed an application before the Election Tribunal. The tribunal ordered for recount of votes in the 30 polling stations.
During the recounting, the DRO and Election Commission of Pakistan staff noticed there were some ballot papers with double stamp. The tribunal rejected the invalid votes and declared Asghar winner.
Jam Madad, therefore, approached the Supreme Court against the tribunal judgment. A three-judge bench headed by Mian Saqib heard the case.
Madad’s counsel argued that the tribunal ought not to have exercised the power under section 46 of Representation of Peoples Act for recount of ballots without recording any evidence justifying the recount.
On the other hand, Junejo lawyer’s stated the tribunal order for recount was passed lawfully. He said that the consolidation of the election result in the absence of his client and his agents is clearly violative of the section 38 of ROPA.
The court after hearing the arguments noted the tribunal order for recount of votes was illegal and set aside its order.