AJK Election Commission rejects two pleas against Rathore’s LA-17 victory

The Azad Jammu and Kashmir (AJK) Election Commission has upheld Prime Minister Raja Faisal Mumtaz Rathore's victory in the LA-17 (Haveli) constituency, rejecting two petitions that challenged the results. In a 2-1 decision, Chief Election Commissioner Justice (retd) Ghulam Mustafa Mughal and Senior Member Muhammad Ahsen dismissed the pleas filed by PML-N candidate Chaudhry Mohsin Aziz and independent candidate Khawaja Tariq Saeed.

The majority opinion held that the factual questions raised in the petitions were best suited for resolution by an Election Tribunal. However, Member Syed Nazeerul Hassan Gillani dissented, advocating for a re-compilation of results from disputed polling stations. Despite the dissent, the majority decision prevailed, ensuring Rathore's election notification remains valid.

Chaudhry Mohsin Aziz had alleged significant discrepancies, claiming 1,133 votes were deducted from his tally and 3,095 votes were added to Rathore's through forged statements of count across 21 polling stations. He further contended that polling did not occur at two stations and sought a recount based on original Forms-24. The Returning Officer refuted these allegations, asserting that polling on August 10 proceeded smoothly from 8 a.m. to 5 p.m. without any complaints lodged by candidates. The officer also stated that all polling materials, including sealed bags and Forms-24, were brought to the office under security and were signed, stamped, and untampered, with results announced and shown to agents before consolidation.

The majority decision cited Section 66(5) of the Elections Act, which permits a recount only under specific conditions, such as a written challenge to a PO's count or a commission directive. They noted the absence of objections from Aziz's polling agents during the result consolidation and the presentation of a self-prepared chart as inadmissible evidence. The commission also ruled that the allegations did not meet the threshold for declaring a poll void under Section 9 of the Elections Act, reinforcing that the disputed matters could be addressed by the Election Tribunal.