Top court says no vote recount without evidence

Fuente: 
The Express Tribune
Fecha de publicación: 
02 Dic 2015

ISLAMABAD: The top court has declared the process of recounting ballot papers should not be initiated without solid evidence of wrongdoing.

“The secrecy of the ballot should not be violated on the basis of frivolous, vague and totally unfounded allegations,” stated a three-judge apex court bench, headed by Justice Mian Saqib Nisar, on Tuesday.

The judges issued the written judgment while declaring Pakistan Muslim League-Functional (PML-F) leader Jam Madad Ali as the winner on PS-81 in Sanghar.

The retuning candidate had received 35,548 votes in the polling held on June 26, 2013. The runner-up, Asghar Ali of the Pakistan Peoples Party, had secured 34,175 votes. On August 28, 2013, the losing candidate challenged the result before an election tribunal, seeking a recount at 30 polling stations, where, he alleged, his polling agents were forcibly removed.

On June 3, 2014, the tribunal ordered the recount. On the basis of district returning officer’s report, the tribunal declared Asghar the winner on March 3, 2015. Ali, however, challenged the tribunal’s verdict in the Supreme Court, which has now set aside the tribunal’s decision.

In the judgment written by Justice Maqbool Baqir, the judges observed the purpose of a vote recount was to determine the authenticity of the allegations against the election result.

They stated a recount should only be allowed under circumstances which clearly justify the process. This would ensure the sanctity of the election result and discourage the losing candidates to attempt to frustrate the will of the people as expressed through the election. This would also avoid creating an incentive for the losing candidates to indulge in post-poll manipulation of the election record, the bench wrote.

Giving the criteria for permitting a vote recount, the judges said there should be a specific allegation of tampering, manipulation or manoeuvring along with material evidence.

The election tribunals were told to be mindful that the discretion to exercise power of recount should not be exploited to fish out material for reversing the election or for declaring it void. It should be determined whether the evidence placed before the tribunal is fair and reasonable or not.

The bench ruled that the PPP leader could not be allowed benefit for the alleged double stamping of votes. The evidence did not provide a valid ground for de-notifying the winner, as ballot papers were not found well-secured.

 

Fuente: http://tribune.com.pk/story/1002184/top-court-says-no-vote-recount-witho...