Free and Fair Election Network (FAFEN) has expressed concerns over subjective interpretation and selective use of its observation findings by political parties to support their respective views about the quality of General Elections 2013, urging them to take into account the findings holistically for realistic reforms.
FAFEN has reiterated that its mandate is to provide objective, non-partisan information on the quality of electoral processes from the pre-election period through the post-election phase. FAFEN has documented several specific types of election irregularities that are probably endemic to every election in Pakistan’s history and must be corrected to ensure that future elections accurately reflect the voters’ will.
Whether any irregularities changed the result of the 2013 polls in one or more constituencies can only be determined through independent investigation, preferably with input from independent election experts, a recommendation FAFEN has made and reinforced since May 2013. Central to this investigation will be verification and audit of all key documents and result-related forms that have yet to be made public by Election Commission of Pakistan (ECP).
In line with its mandate to observe all phases of elections, FAFEN has produced more than 50 observation reports related to 2013 polls, beginning in September 2011 when ECP released the draft electoral rolls.
FAFEN HAS EVIDENCE OF SOME IRREGULATITIES:
In an effort to clarify any confusion and avoid misinterpretation of its findings, FAFEN restates that it has documented evidence about following irregularities related to General Elections (GE) 2013 which can be verified through ECP data.
CHANGED POLLING SCHEMES:
In 93 National Assembly constituencies, the number of registered voters listed for each voting area in Finalised Polling Schemes is different from that documented on Form XVII (Result of the Count), which makes it impossible for ECP or independent observers to analyse election data accurately and detect any problems in those constituencies.
Furthermore, polling stations were changed or combined by Returning Officers (ROs) on or immediately before Election Day, contrary to election law, also in constituencies other than 93 constituencies where the discrepancy in the number of registered voters has been documented. FAFEN publicly revealed the changes in the polling schemes immediately after Election Day. European Union Election Observation Mission (EUEOM) on May 21, 2013 called upon ECP to release the polling scheme as implemented on Election Day, but ECP is yet to make it public. Equally serious was the non-publication of final polling scheme for the 14 constituencies of Balochistan and two constituencies of Punjab, NA-105 and NA-107.
EXCESSIVE REJECTED BALLOTS:
In 35 NA constituencies, the number of rejected ballots was greater than the winning candidate’s margin of victory. The number of rejected ballots in GE 2013 was 54 percent higher than in GE 2008. An audit of all rejected ballots is needed, especially in the 35 constituencies, to understand whether each ballot was rejected appropriately and whether election results are valid.
WITHHOLDING ELECTION DOCUMENTS:
ECP has yet to make public essential documents related to polling station vote counts, accounting for ballots and consolidation of election results (Forms XIV, Forms XV and Forms XVI), despite requests by FAFEN and political parties. EUEOM also called upon ECP to release all of these forms, which are fundamental to any objective assessment of the elections, but ECP has not done so, reportedly because ECP members have yet to approve it. ECP released Form XVI for all constituencies a few months after the GE 2008.
INCORRECT OR INCOMPLETE ELECTION FORMS:
If election officials fail to fill out all forms completely and accurately, neither ECP nor independent observers can analyse election data properly or detect and correct any irregularities. There are many examples of Forms XIV and XV that are not duly filled as required by law, or have many mistakes in basic recording of data and arithmetic, or do not have the signature or other required details of presiding officer responsible at the polling station. In other instances, Form XIV issued on Election Day by presiding officers are different than certified copies of the same forms for the same polling stations provided by ROs. There are additional instances of erroneous transcriptions of Form XIV onto Form XVI. Additionally, any investigation must also compare Form XIV and XV issued at a polling station for both national and provincial seats in order to identify discrepancies in turnout, rejected votes etcetera.
ILLEGAL APPOINTMENT AND TRANSFER OF OFFICIALS:
The appointment of judicial officials as District Returning Officers (DROs) and ROs violates Section 7(1) of Representation of Peoples Act (ROPA) and judicial officials have demonstrated repeatedly that they cannot and will not be accountable to ECP when implementing election-related duties. FAFEN raised this issue after GE 2008 and again in 2012. In addition, FAFEN documented posting and transfers of at least 1,600 government, election and judicial officials right before the elections, despite a complete ban by ECP.
INCONSISTENT ADJUDICATION OF ELECTION PETITIONS:
Election-related disputes should be addressed through timely and systematic legal processes, not through ad hoc political negotiations. ECP established an improved system in 2013 for adjudicating election petitions but the system was implemented inconsistently, as FAFEN has documented in the first-ever monitoring of election tribunals in Pakistan.
For example, 103AA of ROPA was applied selectively to order a re-poll in NA-103 Hafizabad, while cases of the similar nature were referred to ETs. In addition, ECP rejected at least 25 petitions on technical grounds without referring them to any tribunal and ECP has not made the details of those petitions public. Furthermore, ETs permitted more than 2,000 adjournments longer than seven days, which violates Section 67 of ROPA (Amended) 2009 and causes undue – and sometimes indefinite – delay in the resolution of election petitions, 84 of which were still pending as late as August 10, 2014 – more than a year after the tribunals were established.
All parts of an electoral process are essential, inter-dependent and build on each other sequentially. Therefore, electoral audits and reform efforts must look at all irregularities holistically to ensure that conclusions are valid and proposed solutions address systemic and procedural weaknesses. Unless the election system is overhauled comprehensively to make it independent, authoritative, responsive, transparent and accountable, Pakistan cannot achieve the objective of a government truly representing the will of the people as enshrined in Constitution.
