Ali Hassan Zehri. Photo: file
ISLAMABAD:
The Pakistan People’s Party (PPP) has suffered its first big blow in the Federal Constitutional Court (FCC) as its key leader, Ali Hassan Zehri, was suspended by the court as member of the Balochistan Assembly.
The FCC referred the matter back to the Election Commission of Pakistan (ECP) for deciding the application with regard to vote recount in the Hub (PB-21) constituency’s 39 polling stations.
“Leave to appeal is granted and this petition is converted into an appeal and is allowed, and order of the Balochistan High Court dated December 20, 2024, as well as that of the Election Commission of Pakistan dated December 16, 2024, are set aside with further direction to the Election Commission of Pakistan to comply with the order of the Supreme Court in letter and spirit and decide the applications for recounting of the votes in PB-21 in 39 polling stations afresh either way,” says a 15-page judgment authored by FCC Justice Ali Baqar Najafi while hearing the matter which was brought by Zahri’s opponent candidate Muhammad Saleh Bhotani.
“If the recounting applications are decided in affirmative, then recount of the votes in 39 polling stations will be carried out and if the applications are decided in negative, then it shall proceed further in accordance with law expeditiously and preferably within a period of two months. Until then the notification of returned candidate of respondent No 4 is suspended,” the judgment reads.
The litigation had been going on since February 8, 2024, general elections.
Zehri is known to be a close confidante of President Asif Ali Zardari in Balochistan. The judgment stirred a debate on the timing of the FCC ruling. Many lawyers were of the view that Zehri’s suspension was a clear message to the PPP leadership.
Munir Ahmad Kakar, the counsel for Zehri, also raised serious question on the FCC order regarding suspension of his client’s as MPA.
The FCC in its judgment noted that “recounting is always allowed on the basis of some material establishing illegality and irregularity in the count and the powers to recount should be allowed sparingly after satisfaction of the material/evidence that there is every inclusion/exclusion of the ballot paper in the count”.
“Sanctity of the ballot is sacrosanct and; therefore, should not be allowed to be violated on frivolous/vague and indefinite allegations not supported by adequate statements of detailed material facts. It should only be allowed to do full justice between the parties without a roving inquiry with a view to fish material to declare the election as void,” says the order.
The word “proceedings” is a very comprehensive term and generally means a prescribed cause of action for enforcing a legal right. It includes every step taken towards further progress of a cause in Court or Tribunal from its commencement till its disposal for the purposes of relief, redressal of injuries or damages or for remedial objects.
The purpose of interpreting or construction of the word “proceedings” is to understand the true intention to be gathered by its clear meaning without committing any mistake to attach a meaning other than the one carried in their ordinarily grammatical sense attached to the word.
On the other hand, one of the counsels of the petitioner stated that Bhotani deserved better as the FCC should have decided the matter itself instead of sending it back to the ECP.
