Status of Form 45 or Form 47 ends when ballot boxes are opened: CJP Qazi Faez Isa

ISLAMABAD, Sep 19 (SABAH): Chief Justice of Pakistan Justice Qazi Faez Isa has said that the status of Form 45 or Form 47 ends when the ballot boxes are opened. He said in the case of election, all the votes in the box is primary evidence, Form 45 and Form 47 are secondary evidence. Chief Justice of Pakistan Justice Qazi Faez said if anyone suspects that votes have not been counted correctly, the only solution is to open the ballot boxes and recount them again. He said, “Who is the liar and the truth? Only Almighty Allah knows. We will go by the facts. I don’t know who is the liar and who is the true. This is not a case of husband and wife. Go up for justice, we judge according to law.”

A 3-member bench headed by CJP Qazi Faez Isa and comprising Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hassan conducted hearing on the petition filed by Pakistan People’s Party candidate from PB-14 Naseerabad, Balochistan Ghulam Rasool Umrani against the decision of the Election Tribunal. Pakistan Muslim League-Nawaz (PML-N) winning candidate Muhammad Khan Lehri, Election Commission of Pakistan and others were made respondents in the petition. Saeed Khurshid Ahmed appeared on behalf of the petitioner while Muhammad Akram Shah appeared as counsel on behalf of the defendant, while DG Law Election Commission Muhammad Arshad and legal consultant Falak Sher also appeared in the court during the hearing.

CJP Qazi Faez Isa remarked, “You have lost from the Election Commission and the Election Tribunal. Whether they have some enmity with you. They are not hostile or saying that the ballot box was empty, the returning officer is not using his intellect but is making a decision by recounting the votes”.

Rejecting the application of Pakistan People’s Party candidate Ghulam Rasool Umrani citing allegations of partiality by the counting and returning officers, the bench upheld the victory decision of PML-N candidate Muhammad Khan Lehri.

The petitioner’s lawyer argued that this is a matter of election of PB-14 Naseerabad, in the election of February 8, 2024 my client got 19,039 votes while the winning candidate of PML-N secured 21,103 votes. The lawyer argued that out of 96 polling stations, on 7 polling stations his client filed recount request.

The Chief Justice while addressing the lawyer said that how did you know that a wrong result was prepared. The lawyer replied that it was not the result as per Form 45, the presiding officers were biased. The Chief Justice said that tell me what is allegation leveled in the application, adding that the Form 45 or Form 47 status ceases when the ballot boxes are opened. The Chief Justice remarked that whether the Election Commission of Pakistan opens the ballot boxes again, do not talk unnecessarily.

The Chief Justice remarked that one can request a recount but cannot say that he took 5 thousand votes. Justice Naeem Akhtar Afghan remarked that how did the carbon copy prove that this is the original form 45, the presiding officers presented the original record, you are running the case on the copies, your witnesses even gave wrong names of the presiding officers, your witnesses could not prove themselves polling agents.

Justice Naeem Akhtar Afghan remarked that the recount was done. While addressing the lawyer, Chief Justice remarked that don’t deliver speech, come to the real point. The Chief Justice remarked that we heard about 7 polling stations, who fills Form 45 and Form 47. On this, the lawyer said that it is the presiding officer.

The Chief Justice remarked that then abolish this system, if there is any doubt that the counting was not done correctly, the only solution is to open the box and count it again. The presiding officer fills in, either object to the recount that the boxes were open. Justice Shahid Bilal Hassan remarked that as per the record your allegations are not proved, could not prove that your polling agents were present at 7 polling stations. A recount has taken place, he remarked.

The lawyer argued that the judge called me a liar in the judgment without any evidence. On this, the Chief Justice said that who is the liar and who is true, only Almighty Allah knows, we will go by the facts. He said there is no husband and wife case going on as to who is true and who is liar. The court while refusing the leave dismissed the petition.