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.
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.
