LAHORE: The Lahore High Court on Wednesday set aside notices by the ECP to two PTI-backed independent MNAs on the applications for recount in their respective constituencies of the National Assembly.

Ehsanullah Virk challenged the ECP proceedings on an application for recount by Zulfiqar Ali Bhindar, the runner-up candidate of the PML-N, in NA-79, Gujranwala, and Dr Azeemuddin Zahid Lakhvi assailed the recounting plea in NA-133, Kasur.

Virk said the ECP declared him successful in the Feb 8 election as he secured 104,023 votes. He said the respondent, Bhinder, came second with 99,635 votes.

Lakhvi contended that he defeated the respondent runner-up candidate, Rana Muhammad Ishaq Khan of the PML-N, with a margin of 10,757 votes. He said the respondent filed an application to the ECP requesting a recount in the constituency and the commission also issued him (the petitioner) notices.

Lawyers for both petitioners mainly argued that the commission could not intervene in the matter relating to the results after the completion of the election process.

They said in both cases, the applications for the recount were filed after the issuance of the gazette notifications of the petitioners’ victory.

Furthermore, they said the election tribunals had also been formed to hear the election petitions when the commission entertained the applications for the recount and issued notices to the petitioners.

They asked the court to set aside the impugned notices for being unlawful.

Allowing the petitions, Justice Shahid Karim observed that the decisions being made by the ECP were not commendable. He said it needed to be clarified why all this was happening in Gujranwala. He said the election commission is a constitutional institution and the court does not want to interfere in its matter.

“It is better for the election commission to make decisions itself, otherwise, the court will give its decision,” Justice Karim observed.

The judge set aside the impugned notices by the ECP issued to the petitioners.

Last week, Justice Karim also struck down a decision of the ECP for a recount in NA-81 of Gujranwala.

The judge ruled that the election commission cannot review its decisions after the declaration of results by it.

Published in Dawn, April 25th, 2024