ISLAMABAD, Nov 18 (APP):The Supreme Court of Pakistan
has rejected a constitutional petition seeking to declare elections null and void if a candidate scores less than 50% of the total votes for any house of parliament. The petition was heard by the Constitutional Bench headed by Justice Amin Ud Din Khan, and was ultimately dismissed with a fine of Rs.20,000 on the petitioner.
Other members of the bench included Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Ayesha A Malik, Justice Syed Hasan Azhar Rizvi, Justice Musarrat Hilali and Justice Naeem Akhtar Afghan.
The court questioned the petitioner, Mr. Muhammad Akram, on the constitutional basis for such a declaration, pointing out that the current system declares a candidate victorious based on the maximum number of votes received, regardless of whether they reach 50% or not.
Justice Muhammad Ali Mazhar asked under which article of the Constitution the Supreme Court could declare a candidate unsuccessful for receiving less than 50% of the total vote. Justice Ayesha Malik also inquired about which articles of the Constitution would be violated if a candidate with the maximum votes, but less than 50%, was declared successful.
The Court emphasized that the current system is lawful, and if the petitioner desires a change in the law, he should approach the parliament for new legislation. Justice Musarrat Hilali noted that every citizen has the right to vote, but the Supreme Court cannot c
ompel eligible voters to participate in polling.
In a surprising turn, the petitioner admitted not casting his vote in the previous general elections when questioned by Justice Jamal Mandokhail.
The court imposed a fine of Rs20,000 on the petitioner for wast
ing the court’s time with unnecessary litigation.
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