The Supreme Court’s constitutional bench, led by Justice Aminuddin Khan, dismissed a petition demanding that only candidates receiving more than 50% of election votes be declared winners. The court fined the petitioner Rs20,000 for frivolous litigation.
The bench, including Justices Ayesha Malik, Jamal Khan Mandokhail, Muhammad Ali Mazhar, Hasan Azhar Rizvi, Naeem Akhtar Afghan, and Masarat Hilali, upheld the current electoral system, in which the winner is the candidate with the highest number of votes.
During the hearing, Justice Muhammad Mazhar questioned the constitutional requirement for a candidate to secure over half the votes, pointing out the impossibility of compelling non-voters to vote. Justice Ayesha Malik challenged the petitioner to identify his fundamental rights violated. At the same time, Justice Jamal Mandokhail stated that the court does not have the authority to create new laws.
The petitioner, Akram, claimed that fundamental rights related to governance deeply affect their lives, to which Justice Aminuddin Khan replied that Parliament does not directly decide on life matters. Justice Masarat Hilali emphasized that citizens are responsible for voting, despite having the right to do so.
Justice Mandokhail asked if the petitioner had voted in the recent February 2024 elections. Upon learning he had not, he criticized the petitioner for disrespecting the Constitution.
In another session, the bench dismissed an appeal regarding the requirement for independent candidates to affiliate with political parties, following petitioner Maulvi Iqbal Haider’s acknowledgement that the issue had been resolved.
In discussions on 1,178 petitions against the Income Levy Tax Act of 2013, the court learned that many parties had not received proper notifications. The bench directed that newspapers publish notices to inform all involved parties. The FBR lawyer noted that the admissibility of appeals would be addressed in the upcoming hearing, scheduled for three weeks later.
