ISLAMABAD (HRNW): The Supreme Court of Pakistan, in a landmark decision regarding the 2024 general elections, has ruled that re-polling is unnecessary in constituencies where the election result is clearly established based on Form 45. The apex court issued this written judgment while officially declaring Khushal Khan Kakar as the successful candidate from the National Assembly constituency NA-251.
In its written order, the Supreme Court emphasized that a vote is not merely a mark on a piece of paper but a manifestation of the sovereign will of the people, the respect of which is a constitutional and legal mandate. The court issued stern remarks against the conduct of the Returning Officer, stating that the public mandate was compromised and that the alteration of election results constitutes a grave irregularity. The court further noted that deliberate tampering with results could serve as grounds for criminal proceedings.
The judgment asserted that the court is not powerless in such matters. It clarified that where evidence conclusively proves an appellant has secured a legal majority, the appropriate course of action is to declare the appellant elected rather than ordering a re-poll. The Supreme Court maintained that the law neither permits rigging nor allows its outcomes to be sustained. Legal experts view this decision as a significant precedent for future electoral disputes.
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