IN THE HIGH COURT OF SINDH

AT LARKANA

Present:

Shamsuddin Abbasi, J.

Agha Faisal, J.

C.P D-216 of 2023               :           Rafique Ahmed Mahesar vs.

Federation of Pakistan and others.

C.P D-217 of 2023               :           Hosh Muhammad Janveri vs.

Federation of Pakistan and others.

C.P D-218 of 2023               :           Masroor Hyder vs.

Federation of Pakistan and others.

C.P D-329 of 2023               :           Niaz Ali Buriro and others vs.

Federation of Pakistan and others.

For the Petitioners               :           Mr. Sajid Ali Gorar, Advocate

For Respondent No.1         :           Mr. Oshaq Ali Sangi, Assistant Attorney

General for Pakistan.

For Respondent No.2         :           Mr. Shafqat Rasool Narejo, Assistant

Director (Law) E.C.P.

For Respondents No.3 & 4:           Mr. Abdul Hamid Bhurgri, Additional

Advocate General, Sindh.

For Private Respondents   :           M/s. Ashfaque Hussain Abro and Amjad

Hussain Balhro, Advocates.

Date of hearing                    :           24.04.2024

Date of Order                        :           24.04.2024

ORDER

Agha Faisal, J. These petitions are pending since 2023 and as a consequence of interim orders obtained herein constituencies remain unrepresented ever since. The issue under scrutiny is recount of the votes; disallowed by the returning officers, however, permitted by the Election Commission of Pakistan (“ECP”) vide the respective orders impugned.

            It is articulated eloquently by the petitioners’ learned counsel that the impugned orders of the ECP are non-speaking in nature. It is sought to be demonstrated that the said orders primarily consist of reproduction / narrative and there is a patent dearth of deliberation on the actual lis. While the requirements of Order XLI rule 31 CPC are not strictly applicable to such orders, it is expressed that appellate orders ought not to be rendered in a perfunctory manner.

            Per petitioners’ learned counsel, the pivotal question is whether a recount could be ordered by the ECP post consolidation and / or notification of tribunals. Learned counsel adverted to the juxtaposition of sections 95(5) and 9(3) of the Elections Act 2017 to illustrate his submissions. Reliance is placed upon order of the ECP dated 28.02.2023 in Amanullah vs. Ali Ghulam (Case No. F.6(84)/2023-Law-III) to demonstrate that the ECP had itself had observed that it would not behoove the ECP to order a recount post consolidation, issuance of Forms XIII & XIV and / or notification of tribunals. Reliance is also placed upon a judgment of a Division Bench of this Court at Sukkur dated 20.12.2022 in Mir Punhal Khan Talpur vs. ECP & Others (CP D 1095 of 2022).

            The respective parties were in accord that this issue ought to be determined by the ECP de novo, therefore, with the consent of all the learned counsel present, the impugned orders in the respective petitions are hereby set aside and the matter is remanded back to the ECP to determine afresh. The parties are to be provided an opportunity to be heard and shall remain at liberty to articulate any grounds, inclusive of those raised herein. The ECP shall render speaking orders in each instance respectively. Since constituencies remain unrepresented, therefore, it is expected that the ECP shall complete this exercise at the earliest; preferably within two weeks from the date of receipt of this order.

            These petitions are disposed off in terms aforesaid. The office may place a copy hereof in each connected petition and is further instructed to convey a copy hereof directly to the ECP for compliance forthwith.

                                                                    Judge

Judge