The Supreme Court overturned the Lahore High Court’s decision and declared the Pakistan Muslim League (N) (PML-N) candidates victorious in the National Assembly constituencies NA-154, NA-81, and NA-79.
The Supreme Court accepted the appeals of PML-N leaders and reinstated the Election Commission’s decision.
The decision was delivered by a majority of two to one, with Justice Aqeel Abbasi dissenting.
The appeals of PML-N leaders Abdul Rehman Kanju, Azhar Qayyum Nara, Rana Muhammad Arshad, and Zulfiqar Ahmed were accepted.
A three-member bench, led by Chief Justice Qazi Faez Isa, including Justice Naeem Akhtar Afghan and Justice Aqeel Ahmed Abbasi, heard the case.
The Supreme Court reinstated the membership of PML-N National Assembly members Azhar Qayyum, Abdul Rehman Kanju, and Zulfiqar Ahmed.
The court nullified the Lahore High Court’s decision and restored the Election Commission’s decision regarding the recount of votes.
The court accepted the appeals of PML-N candidates, with the majority decision being delivered by two to one. Justice Aqeel Abbasi dissented.
The Supreme Court’s majority decision emphasized that the Election Commission is a constitutional institution deserving of respect. It stated that the Lahore High Court judges had made unnecessary remarks about the Election Commission’s head and members, and the Lahore High Court’s decision could not be upheld.
It should be noted that Faraz Noon won NA-154, Bilal Ejaz won NA-81, and Ehsan Work won NA-79.
PML-N’s Abdul Rehman Kanju, Azhar Qayyum Nara, and Zulfiqar Ahmed approached the Election Commission for a recount.
After the recount, the Election Commission declared all three PML-N candidates victorious.
Independent candidates had challenged the Election Commission’s decision in the Lahore High Court.
The Lahore High Court nullified the Election Commission’s decision and declared the independent candidates as winners.
PML-N members had appealed the Lahore High Court’s decision to the Supreme Court.
In the Supreme Court’s ruling, all three PML-N National Assembly members were declared victorious.
Following the Supreme Court’s decision, PML-N National Assembly members Azhar Qayyum Nara, Abdul Rehman Kanju, and Zulfiqar Ahmed were reinstated.
Written Decision Issued
The Supreme Court has issued a detailed decision reinstating PML-N assembly members Azhar Qayyum, Abdul Rehman Kanju, and Zulfiqar Ahmed. The Supreme Court’s decision spans a total of 47 pages, with the majority decision comprising 24 pages and the dissenting note comprising 23 pages. The decision was issued by a two-to-one majority, with Chief Justice Qazi Faez Isa and Justice Naeem Akhtar Afghan delivering the majority decision, and Justice Aqeel Abbasi’s dissenting note included.
According to the decision, PML-N’s candidates’ victories in NA-154, NA-79, and NA-81 have been upheld. The Supreme Court nullified the Lahore High Court’s decision by a two-to-one majority.
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The decision indicated that Justice Aqeel Abbasi dissented from the majority decision. The Supreme Court accepted the appeals of PML-N candidates, nullifying the Lahore High Court’s decisions. According to Section 95(5) of the Election Act, the Returning Officer can order a recount. The Election Act allows for a recount if the margin is less than 5% of the total votes cast. In the case of the National Assembly, a margin of 8,000 votes, and for the Provincial Assembly, a margin of 4,000 votes warrants a recount. A recount is also possible if the number of rejected votes is equal to or greater than the winning margin.
The decision further stated that the Lahore High Court had overlooked amendments in the Election Act.
On May 1, the Election Commission of Pakistan (ECP) reinstated the notification declaring the PTI-backed independent candidate as the winner from NA-154 (Lodhran).
On April 16, the Lahore High Court annulled the notification of Azhar Qayyum’s victory from NA-81, Gujranwala, and reinstated the membership of the Sunni Ittehad Council candidate.
Meanwhile, the Lahore High Court’s Bahawalpur Bench removed PML-N’s Abdul Rehman Kanju from NA-154, Lodhran, and declared PTI-backed Rana Faraz Noon as the winner.
On April 25, the Lahore High Court nullified the Election Commission’s notices regarding recount requests from PTI-backed independent members of the National Assembly in their constituencies.
On March 20, the Lahore High Court suspended the Election Commission of Pakistan (ECP) notice issued to the successful candidate in NA-133, regarding the recount.
Later, PML-N leaders Abdul Rehman Kanju, Azhar Qayyum Nara, Rana Muhammad Arshad, and Zulfiqar Ahmed challenged the Lahore High Court’s recount decision in the Supreme Court. In NA-154, Abdul Rehman Kanju won the recount against Rana Faraz Noon. Azhar Qayyum Nara won the recount in NA-81 against Rana Bilal Ejaz, while Zulfiqar Ahmed won the recount in NA-79 against Ehsanullah.
A three-member bench led by Chief Justice Qazi Faez Isa reserved its decision on the appeals.
