ECP extends duration of Election Tribunals

ISLAMABAD: The Election Commission of Pakistan (ECP) on Monday extended the duration of Election Tribunals from three to six months.

Eleven tribunals are working in the whole of the country currently and contract duration of these tribunals was one year, which ended on Monday on which the ECP decided to extend the contract.

The duration of Election Tribunal of Khyber Pakhtunkhwa (KP) has been extended by three months while Election Tribunal duration of the other three provinces has been extended by six months.Ministry approved the expenditures of Election Tribunals as ECP had sent the summary to the ministry. Notification of extension in duration of tribunals will be issued within one or two days.

Only election tribunals can meet Imran’s demand, says ECP

 

ISLAMABAD: As the PTI chief Imran Khan shows his intent to even go to the extent of dissolving the KP government if his demand for verification of votes in four constituencies is not met, the Election Commission of Pakistan has categorically said that such a decision could only be taken by the Election Tribunals and no one else.
Without going into the political aspects of the matter, Secretary ECP Ishtiaq Ahmad told The News here on Wednesday that what the PTI was demanding with respect to the recounting of votes in four NA constituencies purely fell in the jurisdiction of Election Tribunals.

As per the law and the Constitution, the secretary ECP explained, the verification of the votes and their recounting could only be ordered by the Election Tribunals. When asked if the government or the Election Commission could do this as demanded by the PTI, the ECP secretary said that he had explained what the law and the Constitution says.

Under the law, he said the ECP can order recounting and even re-election in any constituency where it is convinced of prima facie irregularity but it could be done only within 60 days of the elections. After the lapse of this period all such matters have to be dealt by the Election Tribunals.

Although Ishtiaq Ahmad avoided to directly respond to the question if the government or the ECP could seek re-counting or re-election on their own, another senior official of the Commission on condition of not being named said that it could not happen under the law and the constitution.

The source added that neither the government has any legal or constitutional right to refer such a matter to the ECP nor the Commission has any mandate to entertain such a request from the government.

Under the law only the Election Tribunals, and not the Election Commission of Pakistan (ECP) or the government, are empowered to order rechecking, recounting or verification of any poll related documents to ascertain their authenticity.

Section 46 of the Representation of Peoples Act (ROPA) 1976 envisages that a tribunal may order inspection of any counted ballot papers or opening of packets of counterfoils and certificates.

The law says that such an order may be made subject to such conditions as to persons, time, place and mode of inspection, production of documents and opening of packets as the concerned tribunal may think expedient. In making and carrying into effect an order for the inspection of counted ballot papers, care will be taken that no vote will be disclosed until it has been held by the tribunal to be invalid.

Where such an order is passed, the production by the ECP of any document in such manner as may be directed will be conclusive evidence that the document relates to that specific election, according to the law. Any endorsement on any ballot papers or their packet papers or documents so made available will be prima facie evidence that the ballots or documents are what the endorsement states them to be.

The National Database & Registration Authority (Nadra), which has expressed its readiness to do verification of thumb impressions, will come into play to do this job only if an Election Tribunal ordered so.

It can’t do so on its own or on the direction of the government. The ECP also has no authority to seek such authentication under the law.Any person aggrieved by the decision of a tribunal may, within 30 days, appeal to the Supreme Court.

Under Section 103AA of ROPA, if, from facts apparent on the face of the record and after such summary inquiry as it may deem necessary, the ECP is satisfied that, by reason of grave illegalities or violation of the ROPA or the rules, the poll in any constituency ought to be declared void, it may make a declaration accordingly and order re-election. While exercising this power, the ECP will be deemed to be a tribunal to which an election petition has been presented.

But, according to ROPA, the ECP may exercise this power before the expiration of 60 days after publication of the name of the concerned returned candidate in the official gazette. Where it does not finally dispose of such a case within this period, the election of such contestant will be deemed to have become final, subject to a decision of a tribunal.

Electronic voting machines to be used in next polls: ECP

 

ISLAMABAD: The Secretary of the Election Commission of Pakistan (ECP), Ishtiak Ahmad Khan, has said the EC has decided to introduce Electronic Voting Machines (EVMs) in the next general elections to be held in 2018, reminding that it was a demand of all the political parties.
ECP Secretary Ishtiak Ahmad revealed this at the EC Secretariat after the formal launch of the second five-year strategic plan of the electoral body on Thursday.About the features of the machines that would have an in-built biometric verification system, he said this had already been finalised and necessary orders for production of prototype machines for pilot projects had been issued.

The ECP secretary, however, said the introduction of EVMs for general elections would require legislation by parliament.After Khyber Pakhtunkhwa, the government of Sindh, in what may be perceived as delaying tactics, has also evinced interest in the use of biometric machines during the local bodies elections.

The secretary noted that Sindh had also requested for biometric verification of voters in the local government polls. He was of the view that the local government polls in the KP could be possible in November this year.

To a question, he said 4.5 million expatriates holding National Identity Cards for Overseas Pakistanis (NICOP) had been enrolled as voters. But, he said, that enabling them to cast their votes at polling stations established abroad would also require relevant legislation.

The EC, he pointed out, was in the process of preparing a draft package of electoral reforms. He noted that reforming the electoral legal framework was the first of the 13 broader goals set under the second strategic plan.

Ishtiak said a key feature of the electoral reforms package to be sent to parliament would be the power of the EC to take action against the polling staff, including the returning officers, district returning officers and presiding officers, found involved in wrongdoings.

It may be mentioned here that there had been strong demands for holding accountable all those who were responsible for ensuring transparency and fairness on the polling day, yet cases of casting multiple votes surfaced in the constituencies where voter thumb verification was carried out.

To another query, he said the EC derived its powers from the Constitution and the law. He said under the law, if a detailed enquiry into an allegation of electoral irregularity was required, it fell under the domain of the election tribunals.

He said matters like last minute change in the polling scheme could also be raised before the election tribunals.On a report by the Free and Fair Election Network (Fafen) about the number of rejected votes in 35 National Assembly constituencies outnumbering the difference between the votes secured by the winners and runners-up, he said it was not something surprising. “Had the votes been rejected without any ground, the issue could have been raised before the returning officer, who invites all candidates before opening the bags containing votes,” he remarked.

He underlined the need for fresh delimitation of national and provincial assembly constituencies in view of the demographic changes that had taken place over the years. He called for holding the much-delayed population census in the country.

The ECP secretary said a summary to this effect moved by the ECP had been approved by the prime minister and the matter was currently pending with the Council of Common Interests (CCI).

Ishtiak announced the ECP also planned to introduce the Geographical Information System (GIS) for delimitation to make the process foolproof. He said the candidates would be able to see their entire constituency on website.

ECP seeks 6-9 months time for LB polls in Sindh, Punjab

ISLAMABAD: Election Commission of Pakistan (ECP) has sought more time for holding local bodies (LB) polls in Sindh and Punjab.

The ECP on Tuesday submitted a plea in the Supreme Court (SC) in which it had prayed that 6 to 9 months are required for delimitation of constituencies, therefore, more time is required for holding LB elections in Sindh and Punjab.

The commission said it will take 6 to 9 months for LB polls in both the provinces.

SC orders govt to empower ECP to carry out delimitation

 

ISLAMABAD: The Supreme Court on Tuesday directed the federal government to make necessary enactments to empower the Election Commission of Pakistan (ECP) to carry out the delimitation of local government constituencies.
A three-member bench of the apex court, headed by Chief Justice Tassaduq Hussain Jillani and comprising Justice Khilji Arif Hussain and Justice Sheikh Azmat Saeed, announced a detailed judgment on the appeals and petitions filed by the Sindh government for the delimitation case.

“We are persuaded to direct the federal government to make necessary enactments to empower the Election Commission of Pakistan to carry out the delimitation of constituencies of local governments,” says the detailed judgment.

The court also directed the Sindh government to make necessary corresponding amendments to the Sindh Local Government Act, 2013.The 65-page detailed verdict, authored by Chief Justice Tassaduq Hussain Jillani, however, ruled that the judgment would not affect the local bodies elections in Balochistan held on December 7, 2013 on the basis of old delimitation. “Before we part with the judgment, we may like to observe that the elections to local governments in Balochistan were held on December 7, 2013 on the basis of delimitation of constituencies carried out by the provincial government in terms of the Balochistan Local Government Act, 2010. This judgment is prospective and shall not, in any manner, affect the validity of the said elections, the detailed verdict ruled.

Earlier, on March 20, 2014, the court in its short order ruled that the power to hold elections of the Local Government vested in the ECP in terms of Article 140A of the Constitution.The court observed that the ECP had been mandated to “organise and conduct election and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against” (Article 218(3) of the Constitution);

The court had upheld para 60(e) of the judgment of the Sindh High Court of December 26, 2013.The court in its short order had further ruled that since the delimitation of constituencies of the local government was part of the process of organizing and holding elections honestly, justly and fairly which is the Constitutional mandate of the Election Commission of Pakistan, the power to carry out such delimitation should vest with the Election Commission of Pakistan;

It had also ruled that as the holding of election of Local Government had been delayed for more than nine years, which is violative of the Constitutional command, we are persuaded to direct the governments, federal and provincial (of Sindh), to carry out appropriate amendments/legislation to empower the Election Commission of Pakistan to initiate and carry out the process of delimitation of constituencies for the Local Government Elections.