Karachi: Withdrawing an election petition is not solely at the discretion of the petitioner, as election petitions are considered public-interest proceedings. According to Free and Fair Election Network, the Elections Act 2017 limits the petitioner’s control over unilateral withdrawal by requiring permission from the Election Tribunal and the payment of costs to respondents.

Section 161(1) of the Act mandates that petitioners must obtain formal permission from the tribunal to withdraw their petition, and this permission is not guaranteed. Furthermore, Section 161(2) obligates the tribunal to order petitioners to pay costs to respondents if withdrawal is permitted. This ensures that election petitions, which affect all voters in a constituency, are not abandoned without accountability.

In the event of a petitioner’s death, Section 162(1) states that the petition abates if the petitioner was the sole or last surviving petitioner. However, Section 162(2) requires the tribunal to notify the Election Commission of Pakistan of such an abatement. Meanwhile, Section 163 dictates that if a respondent withdraws or dies, the petition continues against any remaining respondents.

These legal provisions underscore the importance of maintaining accountability in election-related matters, ensuring that the electoral process is not compromised through unilateral withdrawals or settlements.