Chief Justice of Pakistan (CJP) Qazi Faez Isa on Monday highlighted the importance of judicial decorum and respect towards constitutional bodies, and noted that some of the judges had been acting poorly, especially while dealing with officials from the Election Commission of Pakistan (ECP).
The country’s top judge passed these remarks while announcing the ruling on petitions against an earlier ruling of the Lahore High Court (LHC) related to the recounting of votes in three National Assembly constituencies.
Justice Isa, who authored the 2-1 majority decision, stressed the importance of the judiciary’s role in maintaining the dignity of all constitutional institutions. Since the ECP was also a constitutional body, all its officials were entitled to respect, especially the chief election commissioner, he said.
He said it was disturbing to learn that some judges had passed derogatory remarks against officials, which actually undermined the judiciary’s credibility.
“The respect for these institutions is essential for upholding the rule of law,” he said, adding it would also ensure that the judiciary remains a credible and respected pillar of the state,” he said. He pointed out that when institutions performed their duties with respect, it makes them more credible and trustworthy in the public’s eye.
The written decision noted that requests had been submitted on February 9 and 10 regarding the vote recount. It also highlighted the importance of following the legal framework, especially the amendments made to the Election Act, 2017, which came into effect on August 5, 2023. The law now grants returning officers the authority to order vote recount. However, Justice Isa noted that the high court had failed to consider sub-section 5 of Section 95 of the Election Act during the case.
Meanwhile, the Supreme Court overturned a Lahore High Court (LHC) decision that nullified vote recounts in three National Assembly constituencies. As a result, Pakistan Muslim League-Nawaz (PMLN) candidates Azhar Qayyum Nahra, Abdul Rehman Kanju and Zulfikar Ahmed, who had previously been declared winners by the ECP after a recount, now stand reinstated as members of the Lower House. The ruling came from a three-member bench, consisting of Justice Isa, Justice Naeem Akhtar Afghan and Justice Aqeel Abbasi.
In the 2-1 majority verdict, which had earlier been reserved, Justice Abbasi said the LHC’s decision should not have been overturned, arguing that the writ petitions did not suffer from “any factual error or legal infirmity”.
The issue surfaced when the high court invalidated the ECP’s decision to declare PMLN candidates victorious following a recount in the constituencies. After losing the elections in NA-154 (Lodhran), NA-81 (Gujranwala) and NA-79 (Gujranwala), the candidates had approached the electoral body, requesting for a recount.
The ECP had initially ruled in favor of the PMLN candidates after the exercise, but the LHC overturned the decision in April. The candidates then approached the Supreme Court, seeking to have the ECP’s original decision reinstated. After reviewing the case, the apex court ruled in their favor, stating that the LHC’s decision could not be upheld. T
Responding to the latest decision, PTI candidate from NA-81 Bilal Ejaz has announced plans to file a review plea in the Supreme Court. He claimed the three seats were “unfairly” taken from the PTI and given to the ruling party. “I had bagged more than 117,000 votes, which showed the people’s support that got me elected.” He also vowed to continue fighting for what he believe was the “rightful outcome of the election”.