SC dismisses plea on election voting threshold, imposes fine

The Supreme Court’s Constitutional Bench has dismissed a petition seeking to mandate that only candidates securing over 50% of votes in an election can be declared successful.

The petitioner, Muhammad Akram, was also fined Rs. 20,000 for filing the petition.

A seven-member bench, led by Justice Aminuddin Khan, heard the case. During the proceedings, Justice Muhammad Ali Mazhar questioned the basis for requiring 50% votes under the Constitution, emphasizing that election outcomes are determined by the votes cast. He further asked, “What happens if voters decide not to vote?”

Justice Ayesha Malik inquired which fundamental rights of the petitioner had been affected and which constitutional articles were allegedly violated. She stressed that law-making is Parliament’s prerogative, not the judiciary’s.

The petitioner argued that all fundamental rights are tied to his plea, claiming that Parliament decides the course of citizens’ lives. However, Justice Aminuddin Khan countered, stating, “Parliament does not decide life; it provides representation.”

Justice Musarrat Hilali remarked on voter apathy, noting that many choose to stay home on polling day, which she called a “weakness of voters.” The petitioner admitted he had not voted in the February 2024 election, prompting Justice Jamal Mandukhel to reprimand him, saying, “You are insulting the Constitution again.”