ISLAMABAD: The Supreme Court delivered its verdict in Balochistan Assembly Constituency PB-14 Naseerabad in a case of vote recount and election rigging. Chief Justice of Pakistan Qazi Faez Isa wrote the four-page judgment. The judgment says that Forms 45 and 47 are considered valid only until a recount is ordered. The decision further states that the primary evidence in an election dispute is the cast ballots. If the application is approved, a recount will take place in the presence of all candidates. The case before the court does not concern the clearing of election bags. According to the verdict of the court, once the polling is over, the presiding officer counts the votes and prepares Form 45. The Returning Officer counts the votes according to Form 45 and issues Form 47. According to Form 47, the Returning Officer sends the result to the polls. commission. The actual results are decided only by the cast ballots, the court ruled. The court further ruled that Forms 45 and 47 cannot be considered final when the ballot bags are opened and the votes are recounted. Forms 45 and 47 are considered valid until the order for recalculation is issued, he added. The Supreme Court had earlier rejected the PPP’s request for recount of votes in Balochistan Assembly constituency PB-14 as well as allegations of favoritism to returning officers. The hearing was conducted by a three-judge bench headed by Chief Justice of Pakistan Qazi Faez Isa, including Justice Naeem Akhtar Afghan and Justice Shahid Bilal. During the meeting, the ČJP asked the petitioner how he found out that an erroneous result had been drawn up. The lawyer argued that these were not Form 45 results and argued that the officials were biased. Justice Isa noted that Form 45 or 75 is no longer valid after the sealed ballot box is opened. He said that the most important evidence in an election is the votes and noted that Form 45 is prepared by the presiding officer. The CJP asked the petitioner’s counsel to prove the bias of the chairmen and explain how they are related. He said there were no allegations against the recount and although the presiding officer was a foe, the decision was made by vote. Form 45 has no value before voting, CJP declared. Later, the Supreme Court upheld the victory of PML-N candidate Muhammad Khan Lehri and dismissed the recount petition.
