Islamabad: The Supreme Court of Pakistan (SCP) on Wednesday suspended Lahore High Court’s (LHC) earlier order of vote recount in NA-131 (Lahore) a constituency where Pakistan Tehreek-e-Insaf (PTI) chairman Imran Khan won by a narrow margin (680 votes) against Pakistan Muslim League-Nawaz (PML-N) stalwart and former Railway Minister Khawaja Saad Rafique.

A three-member bench, headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar gave this decision on a petition filed by PTI chairman Khan. Khan had bagged 84,313 votes while Saad Rafique’s score was 83,633 from NA-131 in general elections held on July 25, 2018.

The top court’s decision has sent a wave of jubilation among PTI workers and leadership, while the PML-N camp has criticised it, saying recounting is their constitutional right and the apex court’s decision is contrary to the Election Act 2017.

On August 4, LHC judge Justice Mamoon Rashid Sheik had ordered the Election Commission of Pakistan (ECP) to recount votes in NA-131, on Saad Rafique’s petition. The court had also barred the election commission from notifying Khan as the returned (winning) candidate.

Khan, through his lawyer, had challenged LHC decision on the grounds that once the result was prepared and the candidate notified, there was no need for a recount.

Justice Nisar, while admitting Khan’s petition, remarked that the apex court had suspended a similar order of the High Court a day earlier, regarding election in NA-140. The CJP also observed that LHC had acted “beyond its mandate.”

“The matter comes under the domain of the ECP, not the LHC,” the bench remarked.

After losing his seat from NA-131 in July 25 elections, Saad Rafique had applied for vote recount as a large number of ballot papers were declared ‘cancelled’ in his constituency according to PML-N.

The returning officer however, dismissed his application for a recount. Then, Rafique moved a petition in LHC that allowed his petition directing the RO a recount of vote. Again, PTI challenged the LHC decision’s in favour of the recount, in the apex court.

Rafique’s counsel argued before the court that Khan had won the July 25 elections from five constituencies and in his victory speech, he had promised to open constituencies where rigging had allegedly taken place. To his argument, the CJP said: “These are mere political statements.”

Following the verdict, PML-N leaders expressed their surprise and disappointment over the Supreme Court’s decision of stopping recount in NA-131.

Former information minister Maryyium Aurangzeb said the top court’s decision was contrary to the Election Act of 2017. It is a candidate’s constitutional right to apply for vote recount when his defeat margin is less than 10,000 or by 5 per cent of the votes. ECP grants him/her that right, she noted, adding that Khan and his supporters had stolen the public mandate in NA-131. Saad Rafique also criticised the decision, saying in case Khan retains his NA-131 seat, he will move the Election Tribunal and apply for a vote recount.