Supreme Court Declares Khushal Khan Kakar Winner from NA-251, Orders ECP to Issue Notification

Islamabad: The Supreme Court of Pakistan has declared Khushal Khan Kakar of the Pashtunkhwa National Awami Party (PKNAP) as the returned candidate from NA-251 and directed the Election Commission of Pakistan (ECP) to issue his official notification.

The ruling was issued by a three-member bench headed by Justice Shahid Waheed and comprising Justice Naeem Akhtar Afghan and Justice Shakeel Ahmed. With the verdict, Jamiat Ulema-e-Islam (F) (JUI-F) has lost one of its National Assembly seats.

During the hearing, senior counsel Salman Akram Raja, representing Kakar, argued that the case revolved around Form 45 and pointed out discrepancies between Form 45 and Form 48 from 10 polling stations. He submitted that 100 votes were allegedly reduced from his client’s tally at each polling station, while votes of the rival candidate, Syed Samiullah, were increased.

Justice Naeem Akhtar Afghan remarked that whoever devised the “formula” had consistently deducted 100 votes and observed that such activities are often easier to carry out at night. Justice Shahid Waheed emphasized that documentary record carries utmost importance in election matters and that the public mandate is reflected through official documents.

The court also discussed the responsibilities of the Returning Officer (RO) and questioned whether any action had ever been taken against an RO for issuing incorrect results, noting the gravity of their role.

Counsel for the opposing candidate, Kamran Murtaza, argued that there were contradictions between the stance taken before the tribunal and the Supreme Court and contended that the matter warranted remand. However, after the Election Commission acknowledged the authenticity of Kakar’s Form 45, the apex court announced its long-awaited verdict, declaring Khushal Khan Kakar the successful candidate from NA-251.