• Fafen says only 25 out of 377 pleas decided as of Aug 17
• Six tribunals in Punjab still inactive

ISLAMABAD: Election tribunals have disposed of only 25 out of a total of 377 poll petitions filed with them following the Feb 8 general election, reveals a systematic tracking of election petitions by the Free and Fair Election Network (Fafen).

As of Aug 17 this year, the tribunals disposed of four petitions related to National Assembly (NA) constituencies and 21 related to provincial assembly (PA) constituencies, according to the Fafen report.

The petitions disposed of represent seven per cent of the 377 petitions filed with the election tribunals. With six tribunals in Punjab still inactive, this slow pace may result in multiple petitions lingering beyond the legal deadline of 180 days from the date of their filing, the report notes.

Legally, the Election Commission of Pakistan (ECP) is bound to publish in the official Gazette the names of the returned candidate (candidate with the highest number of votes) and all other contesting candidates along with the number of votes obtained by them (Section 98 of the Elections Act, 2017).

Any losing candidate can file petition within 45 days of the gazette notification of the returned candidate (Section 142) and each petition shall be decided within 180 days of its filing (Section 148). Through amendments to the Elections Act 2017, enacted in August 2023, parliament extended the time limit for the disposal of election petitions from 120 to 180 days from the date of their filing.

The amendments also introduced measures to expedite the disposal of petitions by capping the maximum duration of stay orders issued by higher courts in such cases to six months. However, the ongoing operations of the tribunals, particularly in Punjab, do not reflect the spirit of the law, due to multiple factors, including prolonged legal interpretational differences between the ECP and the Lahore High Court regarding the notification of six tribunals in the province, which has rendered them dysfunctional.

The eight tribunals notified in Punjab thus far have a cumulative caseload of 157 election petitions.

Fafen has determined that at least 377 petitions have been filed with the 23 election tribunals across the four provinces and the Islamabad Capital Territory (ICT). Of these, Fafen has identified the petitioners for 333 petitions through copies of the petitions and cause lists available on high courts’ websites.

To date, the copies of only 226 petitions have been obtained. Additionally, 44 petitions could not be tracked through the cause lists. The ECP has also not yet disclosed the exact number and ancillary details of the petitions filed before the tribunals.

Fafen also observed the process of resolving result disputes following the general election, when the ECP established 14 tribunals to decide 385 petitions, and after GE-2018, when the ECP established 20 tribunals to decide 300 pleas.

Of the 23 notified tribunals, 11 have disposed of a total of 25 petitions — four for NA and 21 for PA constituencies. Balochistan tribunals disposed of 17pc of the total petitions in the province, Sindh 7pc, Khyber Pakhtunkhwa 4pc, Punjab less than a half per cent, while ICT tribunal has not decided any petition so far.

Three Quetta-based tribunals have decided 14 petitions — one for NA and 13 for Provincial Assembly of Balochistan (PAB). Tribunals in Karachi, Sukkur, Larkana and Hyderabad have decided six petitions — two for NA and four for Provincial Assembly of Sindh (PAS). Mingora and Dera Ismail Khan tribunals have decided four petitions — one for NA and three for Provincial Asse­mbly of Khyber Pakht­unkhwa (PAKP). The only petition disposed of in Punjab is of a Provincial Assembly of Punjab (PAP) seat by Rawalpindi tribunal.

While none of the disposed of petitions has been accepted, two PAS petitions have been dismissed on non-prosecution (petitioners not following up the case before the tribunals); seven petitions — three each for NA and PAKP and one for PAS —have been withdrawn by the petitioners, while 16 petitions — one each for NA, PAP, PAKP and PAS and 13 for PAB — have been dismissed on merits of the case.

Tribunal-wise, Quetta-II have disposed of a total of 11 petitions, followed by Mingora and Karachi-II, which have decided three petitions each, Quetta-I two petitions while Sukkur, Hyderabad, Larkana, Quetta-III, Rawalpindi and D.I. Khan have decided one petition each so far. These numbers can vary as the ECP and tribunals has still not shared information on the petitions and Fafen relies on the cause lists to ascertain the numbers and status of the petitions.

Published in Dawn, August 20th, 2024