Summary SC declares Khushal Khan Kakar winner in NA-251, orders notification, rules results were tampered and calls it a deliberate attempt to alter public mandate.
ISLAMABAD (Dunya News) - The Supreme Court on Wednesday issued a detailed verdict in the NA-251 election petition case, declaring Pashtunkhwa National Awami Party (PkNAP) candidate Khushal Khan Kakar as the successful candidate and directing the Election Commission to immediately issue his victory notification.
The verdict was announced by a three-member bench comprising Justice Shahid Waheed, Justice Naeem Akhtar Afghan, and Justice Shakeel Ahmed, while the detailed judgment was authored by Justice Shakeel Ahmed.
In its earlier short order, the apex court had already set aside the Balochistan Election Tribunal’s decision to hold re-polling at 22 polling stations.
The February 18, 2024 notification declaring Syed Samiullah as the winner was also declared illegal and annulled.
The court’s ruling marks a significant development in the case, reaffirming Khushal Khan Kakar’s victory after overturning previous decisions and highlighting serious irregularities in the electoral process.
In the detailed judgment, the Supreme Court held that the Returning Officer deliberately and unlawfully altered the results of Form 45 while preparing Form 48.
According to the court, the record proved that 100 votes were deducted from Khushal Khan Kakar at each polling station and added to the rival candidate.
The verdict stated that at polling station number 343, 100 votes of Khushal Khan Kakar were reduced, while 200 votes were added to the opposing candidate.
The court observed that if the Form 45 results had not been tampered with, Khushal Khan Kakar would have won with a clear margin of 1,863 votes.
The Supreme Court observed that the alteration of results was a deliberate attempt to change the electoral mandate and that the Returning Officer had no legal authority to modify Form 45 results.
The judgment further stated that the Election Commission is constitutionally bound to ensure transparent and fair elections, and that tampering with votes amounts to undermining public opinion.
It added that manipulation of results by election staff falls under criminal proceedings according to electoral laws.
