Islamabad: An election petition claiming that a returned candidate should be unseated and replaced by the petitioner involves significant legal risks, as outlined in Section 153 of the Elections Act 2017. This section allows for a counter-claim by the returned candidate, transforming the petition into a legal contest between both parties.

According to Free and Fair Election Network, Section 153 permits the respondent, including the returned candidate, to file a recrimination against the petitioner. This recrimination can assert that the petitioner was not validly elected, did not receive the most valid votes, or engaged in corrupt or illegal practices during the election. Such claims require the tribunal to assess not only the eligibility of the returned candidate but also the validity of the petitioner's own conduct.

The provision of Section 153 acts as a deterrent for petitioners whose campaigns may have involved questionable practices, as it allows for such conduct to be formally scrutinized if they seek to replace a returned candidate. The law aims to ensure that any claims of clean elections are pursued on legitimate grounds. Petitioners with potential vulnerabilities in their campaign practices should carefully consider the implications of filing a petition that challenges the election results.