IN THE SUPREME COURT OF PAKISTAN 
(ORIGINAL JURISDICTION) 
 
 
PRESENT: 
MR. JUSTICE TASSADUQ HUSSAIN JILLANI 
MR. JUSTICE MUHAMMAD ATHER SAEED 
 
CONSTITUTION PETITION NO. 32 OF 2013 
(Constitutional petition under Article 184 of the Constitution 
against the order of Election Commission regarding counting 
of all the rejected votes in NA 266, Nasirabad/Jafferabad) 
 
Mir Zafarullah Khan Jamali 
 
 
 
… Petitioner 
VERSUS 
Election Commission of Pakistan and others 
… Respondents 
 
For the Petitioner: 
In person 
 
For the Respondent: 
N.R.  
 
Date of Hearing:  
24.05.2013 
 
ORDER 
 
 
 
TASSADUQ HUSSAIN JILLANI, J.- Petitioner in 
person submits that he is a returned candidate from the National 
Assembly Seat NA-266 Jafferabad cum Naseerabad, Balochistan; 
that the Election Commission of Pakistan vide the notification 
dated 22.5.2013 has already notified the petitioner as a Member of 
the National Assembly; that on the application of one of the 
defeated candidates, the Election Commission of Pakistan vide the 
order dated 22.5.2013 has directed that recounting of rejected 
votes be carried out and report be submitted to the Commission by 
25.5.2013; that the Returning Officer has not so far carried out 
recounting; that the ex-parte order is unjust, arbitrary and against 
the law declared by this Court as also by the High Court; that the 
proper remedy for a defeated candidate after the Elections have 
been notified was to file an Election Petition under Section 52 of 
the Representation of the People Act; that a few days prior to the 
polling day, the Deputy Commissioner and Commissioner, 
Constitution Petition No. 32/2013 
2 
Naseerabad were transferred on the direction of the Caretaker 
Government and that petitioner apprehends that after the polling 
day i.e. between 11.5.2013 and 22.5.2013 the sanctity of the ballot 
papers may have been compromised.  
2. 
 
On court query as to why the petitioner has filed the 
petition directly before this Court under Article 184(3) of the 
Constitution when he has a remedy of moving the learned High 
Court, petitioner submitted that he got to know about the order of 
the Election Commission when he was in Islamabad and there was 
not sufficient time to move the Balochistan High Court. He adds 
the he is prepared to withdraw this petition to move the learned 
High Court but till then the order of the Election Commission of 
Pakistan dated 22.5.2013 be suspended.  
3. 
 
Petitioner primarily has voiced an individual grievance. 
However, in view of the fact that the petition is directed against an 
ex-parte order and he has leveled serious allegations in the 
petition, while permitting him to move the learned High Court, we 
are persuaded to dispose of this petition with the observation that 
let the petitioner move the proper High Court against the order of 
the Election Commission of Pakistan within 5 days from today and 
till 29.5.2013 the order of the Election Commission of Pakistan 
dated 22.5.2013 impugned herein shall not be given effect to. 
Disposed of in terms noted above.   
 
JUDGE 
 
JUDGE 
Islamabad, the 
24th of May, 2013 
Not Approved For Reporting  
Khurram 
