LEGAL

SC Adjourns Election Rigging Case, Questions on Form 45 vs. 47

Justice Jamal Mandokhel remarks on Form 45 vs. 47 differences during SC hearing on election rigging. Advocate Hamid Khan given time to prepare. Case adjourned indefinitely.
2025-01-20
SC Adjourns Election Rigging Case, Questions on Form 45 vs. 47

The Supreme Court, during a hearing on allegations of election rigging, delved into the legal and procedural intricacies surrounding electoral forms. A six-member constitutional bench, headed by Justice Aminuddin Khan, presided over the proceedings. The case, brought by petitioner Imran Khan, questions the legitimacy of election results.

Justice Jamal Mandokhel remarked that discrepancies between Form 45 and Form 47 must mean one of them is accurate. “A full inquiry is necessary to examine the forms,” he stated, emphasizing the need for detailed scrutiny.

Advocate Hamid Khan, representing Imran Khan, raised the issue of the court’s jurisdiction under Article 184(3). However, Justice Mandokhel highlighted that if the Election Commission of Pakistan (ECP) is believed to be biased, the appropriate forums should be approached. “You will need to present specific details regarding each candidate’s notification,” he added.

Call for Preparation

Justice Muhammad Ali Mazhar urged Advocate Hamid Khan to come fully prepared for the next hearing. In response, Khan explained that his current objective was only to address the court's objections, not to argue on merit.

The bench questioned the scope of jurisdiction under Article 184(3), noting past limitations on taking suo motu action in election-related matters. Justice Mandokhel advised Hamid Khan to carefully choose his words, reminding him of his seniority in the legal field.

Broader Implications

Justice Mandokhel raised critical questions about the broader impact of the allegations, asking, “Was the entire election from Khyber Pakhtunkhwa to Balochistan flawed?” He recalled prior attempts to address rigging claims through an ordinance.

Advocate Hamid Khan acknowledged the complexities, stating, “This court has been unable to take suo motu action due to jurisdictional constraints.”

Next Steps

The court has adjourned the case for an indefinite period, allowing Hamid Khan additional time to prepare. The hearing’s postponement leaves the allegations of election rigging and discrepancies between Form 45 and 47 unresolved, raising anticipation about the inquiry’s future direction.