LAHORE:
Justice Ali Baqar Najafi of the Lahore High Court has taken a significant step in the aftermath of a contentious incident during the consolidation of election results for the Lahore National Assembly constituency NA-128. The court has suspended the operation of Form-47, prepared by the Returning Officer (RO), due to the absence of the petitioner, Salman Akram Raja, or his agent during the consolidation process.
Raja, an independent candidate backed by the Pakistan Tehreek-e-Insaf (PTI), challenged his eviction from the premises where results were being consolidated.
The Lahore High Court’s order states, “The Election Commission of Pakistan (ECP) shall not give effect to Form-47 under Rule 84 (1) of provisional consolidated result of NA-128 (Lahore) prepared in absence of the petitioner or his agent.”
Justice Najafi directed the ECP to take notice of the conduct of the RO, who was conspicuously absent during the court proceedings. The court has also issued notices to the ECP, RO, CCPO, SP Model Town, and the alleged winning candidate, Aun Chaudhry, demanding their replies by February 12.
Salman Akram Raja, the petitioner, had challenged his forceful eviction from the RO’s office by the police on the orders of the RO. Raja claimed that this action deprived him of the right to observe the consolidation process and to examine and match Form-47 with the records he received from his polling agents.
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During the proceedings, Raja’s lawyer, Barrister Sameer Khosa, argued that his client was forcefully removed from the RO’s office when the results of 30 polling stations indicated that Raja was set to win the election for NA-128 by a significant margin.
The ECP’s lawyer denied the petitioner’s eviction, prompting Justice Najafi to question whether the petitioner was present during the consolidation of the election results. The ECP’s lawyer declined to admit it but suggested that runner-up candidates often resort to such tactics when facing defeat.
Justice Najafi raised questions about the law and order situation, why only a single contestant was evicted, and why the process of consolidating results was not stopped and later resumed in the presence of contestants after controlling the situation. The court adjourned proceedings, directing the RO to appear before the court.
Upon the resumption of proceedings, it was revealed that the RO did not turn up, and his mobile phone was switched off after filing results with the ECP.
The ECP’s lawyer argued that the petitioner should have first contacted the Election Commission of Pakistan against the counting process instead of directly approaching the court. Barrister Sameer Khosa, representing the petitioner, contended that their issue was not related to the counting of votes but focused on the deprivation of a candidate’s right to observe the consolidation process.
Khosa asserted that his client’s eviction was deliberate, occurring after the receipt of results from about 30 polling stations, indicating a potential victory for Raja in NA-128.
