LAHORE: The Lahore High Court has set aside a decision of the ECP for a recount in NA-97, Faisalabad, after the consolidation of the results of the Feb 8 polls.

Justice Shams Mahmood Mirza passed the order on a petition by PTI-backed independent candidate Muhammad Saadullah.

The petitioner contended through his counsel that he was initially declared successful in the election. However, he said the ECP on an application by respondent Ali Gohar Khan of the PML-N ordered a recount.

He said the ECP declared victory for the respondent in the recounting.

He argued that the impugned decision of the commission to hold a recount after the consolidation of the results was unlawful.

Justice Mirza observed that Section 95(5) of the Election Act 2017 grants a right to the contesting candidates or their agents to have ballots of one or more polling stations recounted if a request is made before the consolidation proceedings.

He said the ECP can also direct the returning officer (RO) to recount the ballots before the conclusion of the consolidation process after issuing notices to the contesting candidates.

The judge noted that in the instant case, the consolidation of result took place prior to the decision on the application for recount and as such the ECP had no jurisdiction to entertain the application of the respondent’s plea.

Justice Mirza allowed the petition and set aside the ECP decision of the recount.

According to the results, Saadullah had secured 72,614 votes against 70,311 of Gohar.

Published in Dawn, May 30th, 2024