SC rejects petition for declaring candidates with over 50pc votes winners
Pakistan
The bench imposes Rs20,000 fine on petitioner for frivolous litigation
ISLAMABAD (Dunya news) - The Supreme Court’s constitutional bench has rejected the petition seeking to declare candidates who secure more than 50 percent of votes in elections as winners.
A seven-member bench, led by Justice Aminuddin Khan, heard the petition, where Justice Muhammad Ali Mazhar questioned under which constitutional provision candidates could be required to receive 50% of votes to be declared winners, emphasising that the outcome of elections is decided by the votes cast.
Justice Ayesha Malik asked what fundamental right of the petitioner was violated, and which constitutional clauses were being infringed.
Justice Jamal Mandokhail pointed out that if a new law needed to be made, it was not the Supreme Court’s jurisdiction.
The petitioner’s lawyer argued that decisions about their life were made by parliament, to which Justice Aminuddin responded that Parliament does not decide one's life.
Justice Musarat Hilali remarked that everyone has the right to vote, and if voters choose not to cast their votes, it is their own weakness.
Justice Mandokhail also inquired whether the petitioner had cast their vote in the February 2024 elections. When the petitioner admitted they had not, Justice Mandokhail remarked that this constituted a violation of the constitution.
The bench imposed a fine of Rs20,000 on the petitioner for frivolous litigation. The petitioner responded, suggesting the fine should be at least 100 billion rupees to help reduce the country's debt.
Justice Aminuddin Khan replied that the petitioner did not have the capacity to pay such an amount.
