Of the 385 cases, 155 have been dismissed on grounds of technical deficiencies, implying that the merits of the petitions were not adjudicated on. Forty -nine petitions have been accepted; 25 dismissed due to non-prosecution; 31 dismissed as withdrawn and 123 dismissed after complete trial. The reasons for dismissal of two petitions are not known to FAFEN due to non-availability of their copies of orders.

With regards to the 49 petitions accepted, 11 were filed by independent candidates and 10 by PML-N members, followed by PPPP (nine), PTI (four) and ANP (four). In addition, two petitions each filed by JUI-F and PML-F have been accepted so far.

On the other hand, 19accepted petitions are against the returned candidates of PML-N, 12 cite independent candidates as respondents, followed by nine petitions against PPPP, four against PTI and two against JUI-F.

Given the backlog, the ECP seems to have failed to ensure compliance with the mandatory legal provision of disposing of election petitions within 120 days of receipt by the tribunals. Section 67(1A)of the Representation of People Act 1976 states that “where a petition is not decided within four months, further adjournment sought by any party shall be given only on payment of special cost of Rs10,000 per adjournment and adjournment shall not be given for more than three days.”

Even though all the pending cases have crossed the limit of 120 days, the compliance with the mandatory provision of imposing the fine has been very rare. It is important to mention that the Supreme Court of Pakistan has already emphasized that the tribunals should follow the above-mentioned provision strictly.

Moreover, there is no provision in the law that deals with writ petitions against interim orders of election tribunals, or the time frame for their disposal, if filed. As a result, stay orders passed by high courts against writ petitions linger on for several months; delaying the disposal of petitions within the legally-stipulated deadline. According to FAFEN’s observation, at least two petitions filed by PML have made no material progress so far. These petitions remained pending with the ECP for the longest time, and following their delayed transfer to the tribunal, their proceedings were stayed by the Lahore High Court.

The ECP constituted 14 tribunals across the country to redress election complaints following the 2013 General Elections. The three tribunals in Baluchistan, along with the tribunals in Dera Ismail Khan and Bahawalpur, have ceased functioning after deciding all their cases. Similarly, the tribunals in Sukkur and Karachi have also ceased operations after their pending cases were transferred to the Hyderabad tribunal.

The election results were officially notified on May 22, 2013, following which the candidates had until July 6 to submit their petitions. The ECP received a total of 409 petitions, out of which 25 were dismissed by the commission itself during initial scrutiny.

As many as 384 petitions were referred to the tribunals – one petition was sent back by the Rawalpindi tribunal and dismissed by ECP due to non-prosecution, bringing the number of cases dismissed by the ECP to 26.

Another petition was filed directly with the Lahore tribunal, bypassing the legal mechanism which resulted in its dismissal at the initial stage. Furthermore, another petition was filed with the ECP in June 2014 and dismissed by the Lahore tribunal in the same month, bringing the total number of petitions to 411.

Most of the petitions were moved by contesting candidates, while three petitions were filed by voters. Independent candidates filed a total of 99 petitions, followed by PML-N members who filed 66 petitions – 12 against PTI and 14 against PPPP.

Of the 12 petitions against PTI by the PML-N, only one has been accepted so far. Ten petitions against PTI have been dismissed, while one is still awaiting decisions. Similarly, four petitions against PPPP have been accepted whileten have been dismissed.

PTI filed a total of 58 petitions – 43 against winning candidates of the ruling PML-N and only one against PPPP. Of the 43 petitions against PML-N, 20 were filed to resolve disputes over National Assembly seats while the rest were related to the provincial assemblies. So far, four petitions against PML-N have been accepted. The only petitionagainst PPPP to resolve a dispute over a National Assembly seat in Sindh was dismissed by the Hyderabad tribunal.

In addition, PPPP members filed 50 petitions – 19 against PML-N and only one against PTI. The only petition against PTI to resolve a dispute over a provincial assembly seat was dismissed by the Abbottabad tribunal. Of the 19 petitions against PML-N, three have been accepted so far; 14 have been dismissed while another two are still pending with the respective tribunals.

The petitions were moved on single or multiple grounds and seek single or multiple reliefs. A majority of the petitions challenged the nomination or qualification of returned candidates, with the additional ground of use of corrupt practices to sway the elections. There were 38 petitions challenging the nomination process and another 92 challenging the qualification of returned candidates. More than half (212 or 55%) of the petitions, among other grounds, made allegations of corrupt practices employed by returned candidates, while almost three-fourth (280 or 73%) of the petitions accused other personnel, including election officials, of malpractice.

The petitioners in 248 cases sought declaration to the effect that the election of the winning candidate be declared void and the petitioner be declared returned candidate instead. As many as 122 petitions sought disqualification of the returned candidates and re-polling in the entire constituency. Another 91 petitions sought recounting of ballots for the entire or parts of the constituency, while 42 demanded re-examination of excluded ballots. Fifty-seven petitions sought re-polling at certain polling stations, while 71 petitions sought other reliefs from the tribunals.

FAFEN had earlier reported that a total of 410 petitions were filed following the 2013 General Elections. More recently,another petition was filed with the ECP and dismissed by the Lahore tribunal, bringing the total number of filed petitions to 411.The details of the petition are given in the next section of this report.pg. 3

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Of the 378 cases, 154 have been dismissed on grounds of technical deficiencies, implying that the merits of the petitions were not adjudicated on. Forty-six petitions have been accepted; 25 dismissed due to non-prosecution; 31 dismissed as withdrawn and 120 dismissed after complete trial. The reasons for dismissal of two petitions are not known to FAFEN due to non-availability of their copies of orders.

With regards to the 46 petitions accepted, 10 each were filed by independent candidates and PML-N members, followed by PPPP (nine) and ANP (four). In addition, two petitions each filed by PTI, JUI-F and PML-F have been accepted so far.

On the other hand, 17 accepted petitions are against the returned candidates of PML-N, 12 cite independent candidates as respondents, followed by nine petitions against PPPP, three against PTI and two against JUI-F.

Given the backlog, the ECP seems to have failed to ensure compliance with the mandatory legal provision of disposing of election petitions within 120 days of receipt by the tribunals. Section 67 (1A) of the Representation of People Act 1976 states that “where a petition is not decided within four months, further adjournment sought by any party shall be given only on payment of special cost of Rs10,000 per adjournment and adjournment shall not be given for more than three days.”

Even though all the pending cases have crossed the limit of 120 days, the compliance with the mandatory provision of imposing the fine has been very rare. It is important to mention that the Supreme Court of Pakistan has already emphasized that the tribunals should follow the above-mentioned provision strictly.

Moreover, there is no provision in the law that deals with writ petitions against interim orders of election tribunals, or the timeframe for their disposal, if filed. As a result, stay orders passed by high courts against writ petitions linger on for several months; delaying the disposal of petitions within the legally-stipulated deadline. According to FAFEN’s observation, at least two petitions filed by PML have made no material progress so far. These petitions remained pending with the ECP for the longest time, and following their delayed transfer to the tribunal, their proceedings were stayed by the Lahore High Court.

The ECP constituted 14 tribunals across the country to redress election complaints following the 2013 General Elections. The three tribunals in Balochistan, along with the tribunals in Dera Ismail Khan and Bahawalpur, have ceased functioning after deciding all their cases. Similarly, the tribunals in Sukkur and Karachi have also ceased operations after their pending cases were transferred to the Hyderabad tribunal.

The election results were officially notified on May 22, 2013, following which the candidates had until July 6 to submit their petitions. The ECP received a total of 409 petitions, out of which 25 were dismissed by the commission itself during initial scrutiny.
As many as 384 petitions were referred to the tribunals – one petition was sent back by the Rawalpindi tribunal and dismissed by ECP due to non-prosecution, bringing the number of cases dismissed by the ECP to 26.

Another petition was filed directly with the Lahore tribunal, bypassing the legal mechanism which resulted in its dismissal at the initial stage. Furthermore, another petition was filed with the ECP in June 2014 and dismissed by the Lahore tribunal in the same month, bringing the total number of petitions to 411.

1 FAFEN had earlier reported that a total of 410 petitions were filed following the 2013 General Elections. More recently, another petition was filed with the ECP and dismissed by the Lahore tribunal, bringing the total number of filed petitions to 411. The details of the petition are given in the next section of this report.

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With regards to the 45 petitions accepted, 10 were filed by independent candidates and nine each by PPPP and PML-N. In addition, two petitions filed by PTI have been accepted so far. On the other hand, 17 petitions are against the returned candidates of PML-N, 12 cite independent candidates as respondents, followed by eight petitions against PPPP and three against PTI.

Given the backlog, the ECP seems to have failed to ensure compliance with the mandatory legal provision of disposing of election petitions within 120 days of receipt by the tribunals.

Section 67(1A) of the Representation of People Act 1976 states, “where a petition is not decided within four months, further adjournment sought by any party shall be given only on payment of special cost of Rs10,000 per adjournment and adjournment shall not be given for more than three days.”

Even though all the pending cases have crossed the limit of 120 days, the compliance with the mandatory provision of imposing the fine has been very rare. It is important to mention that the Supreme Court of Pakistan has already emphasized that the tribunals should follow the above-mentioned provision strictly.

Moreover, there is no provision in the law that deals with writ petitions against interim orders of election tribunals, or the timeframe for their disposal, if filed. As a result, stay orders passed by the high courts against writ petitions linger on for several months; delaying the disposal of petitions within the legally-stipulated deadline. According to FAFEN’s observation, at least two petitions filed by PML have made no material progress so far. These petitions remained pending with the ECP for the longest time, and following their delayed transfer to the Lahore tribunal, their proceedings were stayed by the Lahore High Court.

The ECP constituted 14 tribunals across the country to redress election-related complaints following the 2013 General Elections. The three tribunals in Balochistan, along with the tribunal in Dera Ismail Khan, have ceased functioning after deciding all their cases. Similarly, the tribunals in Sukkur and Karachi tribunals have also ceased operations after their pending cases were transferred to the Hyderabad tribunal.

The election results were officially notified on May 22, 2013 following which the candidates had until July 6, 2013 to submit their petitions. The ECP received a total of 409 petitions, out of which 25 were dismissed by the commission itself during scrutiny. As many as 384 petitions were referred to the tribunals – one petition was sent back by the Rawalpindi tribunal and dismissed by ECP itself due to non-prosecution, bringing the number of cases dismissed by the ECP to 26. Another petition was filed directly with the tribunal in Lahore, bypassing the legal mechanism which resulted in its dismissal at the initial stage. Furthermore, another petition was filed with the ECP in June 2014 and dismissed by the Lahore tribunal in the same month, bringing the total number of petitions to 411.

Most of the petitions were moved by contesting candidates, while three petitions were filed by voters. Independent candidates filed a total of 99 petitions, followed by PML-N members who filed 66 petitions – 12 against PTI and 14 against PPPP. Of the 12 petitions against PTI, only one has been accepted so far. Nine petitions against PTI have been dismissed, while two are still awaiting decisions. Similarly, three petitions against PPPP have been accepted; nine have been dismissed while two petitions are yet to be decided.

PTI filed a total of 58 petitions – 43 against winning candidates of the ruling PML-N and only one against PPPP. Of the 43 petitions against PML-N, 20 were filed to resolve disputes over National Assembly seats while the rest were related to the provincial assemblies. So far, two petitions filed by PTI against PML-N have been accepted. The only petition against PPPP to resolve a dispute over a National Assembly seat in Sindh was dismissed by the Hyderabad tribunal.

In addition, PPPP members filed 50 petitions – 19 against PML-N and only one against PTI. The only petition against PTI was dismissed by the Abbottabad tribunal. Of the 19 petitions against PML-N, three have been accepted; 14 have been dismissed while another two are pending with the respective tribunals.

The petitions were moved on single or multiple grounds and seek single or multiple reliefs. A majority of the petitions challenged the nomination or qualification of returned candidates with the additional ground of use of corrupt practices to sway the elections. There were 38 petitions challenging the nomination process and another 92 challenging the qualification of returned candidates. More than half (212 or 55%) of the petitions, among other grounds, made allegations of corrupt practices employed by returned candidates, while almost three-fourth (280 or 73%) of the petitions accused other personnel, including election officials, of malpractice.

Petitioners in 248 cases sought declaration to the effect that the election of the winning candidate be declared void and the petitioner be declared returned candidate instead. Among other reliefs, 122 petitions sought disqualification of the returned candidates and re-polling in the constituency. Another 91 petitions sought recounting of ballots for the entire or parts of the constituencies, 42 demanded re-examination of excluded ballots while 57 sought re-polling at certain polling stations besides 71 petitions seeking other reliefs.

1 FAFEN had earlier reported that a total of 410 petitions were filed following the 2013 General Elections. More recently, another petition was filed with the ECP and dismissed by the Lahore tribunal, bringing the total number of filed petitions to 411. The details of the petition are given in the next section of this report.

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Of the 367 cases, 154 (128 by the tribunals and 26 by the ECP itself) have been dismissed on grounds of technical deficiencies – implying that the merits of the petitions were not adjudicated on. Forty-four petitions have been accepted; 25 dismissed due to non-prosecution; 30 dismissed as withdrawn and 112 dismissed after complete trial. The reasons for dismissal of two petitions are not known to FAFEN due to non-availability of their copies of orders.

With regards to the 44 petitions accepted, 10 were filed by independent candidates and nine each by PPPP and PML-N. Additionally, one petition filed by PTI has been accepted so far.

On the other hand 16 accepted petitions are against the returned candidates of PML-N. Twelve cite independent candidates as respondents, followed by candidates of PPPP (eight) and PTI (three).

Given the backlog, the ECP seems to have failed to ensure compliance with the mandatory legal provision of disposing of election petitions within 120 days of receipt by the tribunals. Section 67(1)A of the Representation of People Act 1976 states, “where a petition is not decided within four months, further adjournment sought by any party shall be given only on payment of special cost of Rs10,000 per adjournment and adjournment shall not be given for more than three days.”

Even though all the pending cases have crossed the limit of 120 days, the compliance with the mandatory provision of imposing the fine has been very rare. It is important to mention that the Supreme Court of Pakistan has already emphasized that the tribunals should follow the above-mentioned provision strictly. Furthermore, FAFEN has recorded 2,653 adjournments of over seven days in the tribunals, in violation of election laws and ECP’s directions which urge the tribunals to hear the petitions on a day-to-day basis and do not allow an adjournment of more than seven days.

The ECP constituted 14 tribunals across the country to redress election-related complaints following the 2013 General Elections. The three tribunals in Balochistan have ceased functioning after deciding all their cases. The tribunal in Dera Ismail Khan has also finished its work, while Sukkur and Karachi tribunals have also ceased operations. Meanwhile, the ECP has extended the tenures of the remaining eight tribunals for the fourth time till April 30, 2015 following the expiry of their terms of contracts on February 28, 2015.

The election results were officially notified on May 22, 2013 following which the candidates had until July 6, 2013 to submit their petitions. The ECP received a total of 409 petitions, out of which 25 were dismissed by the commission itself during scrutiny. As many as 384 petitions were referred to the tribunals – one petition was sent back by the Rawalpindi tribunal and dismissed by ECP itself due to non-prosecution, bringing the number of cases dismissed by the ECP to 26. Another petition was filed directly with the tribunal in Lahore, bypassing the legal mechanism which resulted in its dismissal at the initial stage. Furthermore, another petition was filed with the ECP in June 2014 and dismissed by the Lahore tribunal in the same month, bringing the total number of petitions to 411.

Most of the petitions were moved by contesting candidates, while three petitions were filed by voters. Independent candidates filed a total of 99 petitions, followed by PML-N members who filed 66 petitions – 12 against PTI and 14 against PPPP. Of the 12 petitions against PTI, only one has been accepted so far. Nine petitions against PTI have been dismissed, while two are still awaiting decisions. Similarly, three petitions against PPPP have been accepted; nine have been dismissed while two petitions are yet to be decided.

PTI filed a total of 58 petitions – 43 against winning candidates of the ruling PML-N and only one against PPPP. Of the 43 petitions against PML-N, 20 were filed to resolve disputes over National Assembly seats while the rest were related to the provincial assemblies. So far, only one petition filed by PTI against PML-N has been accepted by the Multan tribunal. The only one against PPPP to resolve a dispute over a National Assembly seat in Sindh was dismissed by the Hyderabad tribunal.

In addition, PPPP members filed 50 petitions – 19 against PML-N and only one against PTI. The only petition against PTI was dismissed by the Abbottabad tribunal. Of the 19 petitions against PML-N, three have been accepted; 14 have been dismissed while another two are pending with the respective tribunals.

PML-N – the party with the highest number of seats in the National Assembly –also has the highest number of petitions citing the party as the respondent. Over one-third (138 or 36%) of the 385 petitions referred to the tribunals were filed against the party’s winning candidates. Independent candidates were nominated in 78 petitions, while PPPP and PTI had 50 and 30 cases filed against their candidates respectively.

The petitions were moved on single or multiple grounds and seek single or multiple reliefs. A majority of the petitions challenged the nomination or qualification of returned candidates with the additional ground of use of corrupt practices to sway the elections. There were 38 petitions challenging the nomination process and another 92 challenging the qualification of returned candidates. More than half (212 or 55%) of the petitions, among other grounds, made allegations of corrupt practices employed by returned candidates, while almost three-fourth (280 or 73%) of the petitions accused other personnel, including election officials, of malpractice.

Petitioners in 248 cases sought declaration to the effect that the election of the winning candidate be declared void and the petitioner be declared returned candidate instead. Among other reliefs, 122 petitions sought disqualification of the returned candidates and re-polling in the constituency. Another 91 petitions sought recounting of ballots for the entire or parts of the constituencies, 42 demanded re-examination of excluded ballots while 57 sought re-polling at certain polling stations besides 71 petitions seeking other reliefs.

[1] FAFEN had earlier reported that a total of 410 petitions were filed following the 2013 General Elections. More recently, another petition was filed with the ECP and dismissed by the Lahore tribunal, bringing the total number of filed petitions to 411. The details of the petition are given in the next section of this report.

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The ECP constituted 14 tribunals across the country to redress election-related complaints following the 2013 General Elections. The three tribunals in Balochistan decided all the petitions to become the first and only province whose tribunals have finished their tasks. The Tribunal at Dera Ismail Khan has also finished its work. Sukkur Tribunal has also ceased working as its remaining cases have been transferred to Karachi Tribunal after refusal of its Presiding Officer to accept further extension in his contract after June 30, 2014. The ECP has extended the term of contract of presiding officers of Peshawar & Abbottabad (Khyber Pakhtunkhwa), Rawalpindi, Lahore, Faisalabad, Multan & Bahawalpur (Punjab) and Hyderabad & Karachi (Sindh) for the third time till February 28, 2015 after expiry of their term on December 31, 2014.

Of the 364 cases, 154 (128 by the tribunals and 26 by the ECP itself) have been dismissed on grounds of technical deficiencies, implying that the merits of the petitions were not adjudicated on. Forty-three petitions have been accepted; 25 dismissed due to non-prosecution; 30 dismissed as withdrawn and 110 dismissed after complete trial. The reasons for dismissal of two petitions are not known to FAFEN due to non-availability of their copies of orders despite continuous efforts to obtain them.

With regards to the 43 petitions accepted, 10 were filed by independent candidates and nine each by PPPP and PML-N candidates. Meanwhile, none of the petitions filed by PTI have been accepted so far.

Of the accepted petitions, 15 are against the returned candidates of PML-N, 12 petitions cite independent candidates as respondents, while three nominate returned candidates of PTI.

Given the backlog, the ECP seems to have failed to ensure compliance with the mandatory legal provision of disposing of election petitions within 120 days of receipt by the tribunals. Section 67(1)A of the Representation of Peoples Act (ROPA) 1976 states, “where a petition is not decided within four months, further adjournment sought by any party shall be given only on payment of special cost of Rs10,000 per adjournment and adjournment shall not be given for more than three days.”

Even though all the pending cases have crossed the limit of 120 days, the compliance with the mandatory provision of imposing the fine has been very rare. It is important to mention that the Supreme Court of Pakistan has already emphasized that the tribunals should follow the above-mentioned provision strictly. Furthermore, FAFEN has recorded 2,645 adjournments of over seven days in the tribunals, in violation of election laws and ECP’s directions which urge the tribunals to hear the petitions on a day-to-day basis and do not allow an adjournment of more than seven days.

Moreover, there is no provision in law that deals with writ petitions against interim orders of election tribunals or the timeframe for their disposal, if filed. As a result, stay orders passed by high courts against writ petitions have lingered on for several months, delaying the disposal of petitions within the legally-stipulated dead line. It is important to mention here that the Supreme Court of Pakistan in its recent judgment held that the interlocutory orders passed by the Election Tribunal impugned before the High Court were not liable to be set aside in its Constitutional Jurisdiction as the petitioners before the Court had a remedy available to them by way of appeal under Section 67 of the ROPA, 1976 after disposal of the election petitions. The Honourable Supreme Court of Pakistan in no uncertain terms had declared that the exclusion of jurisdiction of courts (except Election Tribunals) to try election matters extends to the entire length of the proceedings in an election petition before the Tribunal. It is because of the verdict of the Supreme Court of Pakistan most of the stay orders granted by the High Courts have now been vacated.

The election results were officially notified on May 22, 2013 following which the candidates had until July 6, 2013 to submit their petitions. The ECP received a total of 409 petitions, out of which 25 were dismissed by the commission itself during scrutiny. As many as 384 petitions were referred to the tribunals – one petition was sent back by the Rawalpindi tribunal and dismissed by ECP itself due to non-prosecution, bringing the number of cases dismissed by the ECP to 26. Another petition was filed directly with the tribunal in Lahore, bypassing the legal mechanism which resulted in its dismissal at the initial stage. Furthermore, another petition was filed with the ECP in June 2014 and dismissed by the Lahore tribunal in the same month, bringing the total number of petitions to 411.

Most of the petitions were moved by contesting candidates, while three petitions were filed by voters. Independent candidates filed a total of 99 petitions, followed by PML-N members who filed 66 petitions –12 against PTI and 14 against PPPP. Of the 12 petitions against PTI, only one has been accepted so far. Nine petitions against PTI have been dismissed, while two are still awaiting decisions. Similarly, three petitions against PPPP have been accepted; nine have been dismissed while two petitions are yet to be decided.

PTI filed a total of 58 petitions – 43 against winning candidates of the ruling PML-N. Of these 43 petitions, 20 were filed to resolve disputes over National Assembly seats while the rest were related to the provincial assemblies. Only one petition was filed by PTI against PPPP to resolve a dispute over a National Assembly seat in Sindh. So far, none of the petitions filed by PTI against either party have been accepted. Thirty-one petitions (30 against PML-N and one against PPPP) have been dismissed while 13 await decisions.

In addition, PPPP members filed 50 petitions – 19 against PML-N and only one against PTI. The only petition against PTI was dismissed by the Abbottabad tribunal. Of the 19 petitions against PML-N, three have been accepted; 14 have been dismissed while another two are pending with the respective tribunals.

PML-N – the party with the highest number of seats in the National Assembly – also has the highest number of petitions citing the party as the respondent. Over one-third (138 or 36%) of the 385 petitions referred to the tribunals were filed against the party’s winning candidates. Independent candidates were nominated in 78 petitions, while PPPP and PTI had 50 and 30 cases filed against their candidates respectively.

The petitions were moved on single or multiple grounds and seek single or multiple reliefs. A majority of the petitions challenged the nomination or qualification of returned candidates with the additional ground of use of corrupt practices to sway the elections. There were 38 petitions challenging the nomination process and another 92 challenging the qualification of returned candidates. More than half (212 or 55%) of the petitions, among other grounds, made allegations of corrupt practices employed by returned candidates, while almost three-fourth (280 or 73%) of the petitions accused other personnel, including election officials, of malpractice.

Petitioners in 248 cases sought declaration to the effect that the election of the winning candidate be declared void and the petitioner be declared returned candidate instead. Among other reliefs, 122 petitions sought disqualification of the returned candidates and re-polling in the constituency. Another 91 petitions sought recounting of ballots for the entire or parts of the constituencies, 42 demanded re-examination of excluded ballots while 57 sought re-polling at certain polling stations besides 71 petitions seeking other reliefs.

1 FAFEN had earlier reported that a total of 410 petitions were filed following the 2013 General Elections. More recently, another petition was filed with the ECP and dismissed by the Lahore tribunal, bringing the total number of filed petitions to 411. The details of the petition are given in the next section of this report.

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The ECP constituted 14 tribunals across the country to redress election-related complaints following the 2013 General Elections. Tribunals in Dera Ismail Khan and two tribunals of Baluchistan, Quetta and Loralai Tribunals –both stationed at Quetta –have finished their work. Sukkur Tribunal has also ceased working as its remaining cases have been transferred to Karachi Tribunal after refusal of its Presiding Officer to accept further extension in his contract after June 30, 2014.

The ECP has extended, for the third time, the term of contract of presiding officers of Peshawar & Abbotabad (Khyber Pakhtunkhawah), Rawalpindi, Lahore, Faisalabad, Multan & Bahawalpur (Punjab) and Hyderabad & Karachi (Sindh). It is pertinent to mention that two cases are still pending adjudication before Hub tribunal – the third tribunal of Baluchistan stationed in Quetta due to security concerns. Since the Presiding Officer of the said tribunal is a sitting judge of Baluchistan High Court, the extension was not announced in the ECP’s media disclosure late last month.

On Decemeber 31, the ECP informed the media that

“The period of Election Tribunals has been extended till 28th Feb 2015, (2 months). There are total 9 tribunals i.e. 5 in Punjab, and 2 each in Sindh and KPK. Around 45 cases are pending over there.”

However as mentioned and detailed in this report, the media disclosure does not include any reference to the pending cases in Hub tribunal and does not mentions the precise number of petitions still pending. As many as 53 petitions were pending on the day of the ECP media disclosure.

As of December 31, 2014, of the 358 cases decided, 154 (128 by the tribunals and 26 by the ECP itself) have been dismissed on grounds of technical deficiencies, implying that the merits of the petitions were not adjudicated on. Forty-one petitions have been accepted; 25 dismissed due to non-prosecution; 30 dismissed as withdrawn and 106 dismissed after complete trial. The reasons for dismissal of 2 petitions are not known to FAFEN due to non-availability of their copies of orders despite continuous efforts to obtain them.

With regards to the 41 petitions accepted, 10 were filed by independent candidates and eight each by PPPP and PML-N candidates. Meanwhile, none of the petitions filed by PTI have been accepted so far.

Of the accepted petitions, 15 are against the returned candidates of PML-N, 10 petitions cite independent candidates as respondents, while three nominate returned candidates of PTI. There were 53 petitions still pending on December 31. Of these, PTI has 18, PML-N has 12, PPP has 4, and independent candidates have 10 while other parties have 9 petitions pending.

As for the respondents in the pending cases, PML-N is respondent in 27, independent winners in 14, PPP in 5 and PTI in 3 while four other parties are respondents in as many petitions.

Given the backlog, the ECP seems to have failed to ensure compliance with the mandatory legal provision of disposing of election petitions within 120 days of receipt by the tribunals.

Section 67(1) A of the Representation of People Act 1976 states, “where a petition is not decided within four months, further adjournment sought by any party shall be given only on payment of special cost of Rs 10,000 per adjournment and adjournment shall not be given for more than three days.”

Even though all the pending cases have crossed the limit of 120 days, the compliance with the mandatory provision of imposing the fine has been very rare. It is important to mention that the Supreme Court of Pakistan has already emphasized that the tribunals should follow the above-mentioned provision strictly. Furthermore, FAFEN has recorded 2,645 adjournments of over seven days in the tribunals, in violation of election laws and ECP’s directions which urge the tribunals to hear the petitions on a day-to-day basis and do not allow an adjournment of more than seven days.

Moreover, there is no provision in law that deals with writ petitions against interim orders of election tribunals or the timeframe for their disposal, if filed. As a result, stay orders passed by high courts against writ petitions have lingered on for several months, delaying the disposal of petitions within the legally-stipulated deadline. As of December 31, 2014, 13 petitions were pending due to restraint orders issued by the high courts. It is important to mention here that the Supreme Court of Pakistan in its recent judgment held that the interlocutory orders passed by the Election Tribunal impugned before the High Court were not liable to be set aside in its Constitutional Jurisdiction as the petitioners before the Court had a remedy available to them by way of appeal under Section 67 of the ROPA, 1976 after disposal of the election petitions. The Honourable Supreme Court of Pakistan in no uncertain terms had declared that the exclusion of jurisdiction of courts (except Election Tribunals) to try election matters extends to the entire length of the proceedings in an election petition before the Tribunal.

It is pertinent to note that the election results were officially notified on May 22, 2013 following which the candidates had until July 6, 2013 to submit their petitions. The ECP received a total of 409 petitions, out of which 25 were dismissed by the commission itself during scrutiny. As many as 384 petitions were referred to the tribunals – one petition was sent back by the Rawalpindi tribunal and dismissed by ECP itself due to non-prosecution, bringing the number of cases dismissed by the ECP to 26. Another petition was filed directly with the tribunal in Lahore, bypassing the legal mechanism which resulted in its dismissal at the initial stage. Furthermore, another petition was filed with the ECP in June 2014 and dismissed by the Lahore tribunal in the same month, bringing the total number of petitions to 411.

Most of the petitions were moved by contesting candidates, while three petitions were filed by voters. Independent candidates filed a total of 99 petitions, followed by PML-N members who filed 66 petitions –12 against PTI and 14 against PPPP. Of the 12 petitions against PTI, only one has been accepted so far. Nine petitions against PTI have been dismissed, while two are still awaiting decisions. Similarly, three petitions against PPPP have been accepted; nine have been dismissed while two petitions are yet to be decided.

PTI filed a total of 58 petitions – 43 against winning candidates of the ruling PML-N. Of these 43 petitions, 20 were filed to resolve disputes over National Assembly seats while the rest were related to the provincial assemblies. Only one petition was filed by PTI against PPPP to resolve a dispute over a National Assembly seat in Sindh. So far, none of the petitions filed by PTI against either party have been accepted. Twenty-nine petitions (28 against PML-N and one against PPPP) have been dismissed while 15 await decisions.

In addition, PPPP members filed 50 petitions – 19 against PML-N and only one against PTI. The only petition against PTI was dismissed by the Abbottabad tribunal. Of the 19 petitions against PML-N, three have been accepted; 14 have been dismissed while another two are pending with the respective tribunals.

PML-N – the party with the highest number of seats in the National Assembly –also has the highest number of petitions citing the party as the respondent. Over one-third (138 or 36%) of the 385 petitions referred to the tribunals were filed against the party’s winning candidates. Independent candidates were nominated in 78 petitions, while PPPP and PTI had 50 and 30 cases filed against their candidates respectively.

The petitions were moved on single or multiple grounds and seek single or multiple reliefs. A majority of the petitions challenged the nomination or qualification of returned candidates with the additional ground of use of corrupt practices to sway the elections. There were 38 petitions challenging the nomination process and another 92 challenging the qualification of returned candidates. More than half (212 or 55%) of the petitions, among other grounds, made allegations of corrupt practices employed by returned candidates, while almost three-fourth (280 or 73%) of the petitions accused other personnel, including election officials, of malpractice.

Petitioners in 248 cases sought declaration to the effect that the election of the winning candidate be declared void and the petitioner be declared returned candidate instead. Among other reliefs, 122 petitions sought disqualification of the returned candidates and re-polling in the constituency. Another 91 petitions sought recounting of ballots for the entire or parts of the constituencies, 42 demanded re-examination of excluded ballots while 57 sought re-polling at certain polling stations besides 71 petitions seeking other reliefs.

1 FAFEN had earlier reported that a total of 410 petitions were filed following the 2013 General Elections. More recently, another petition was filed with the ECP and dismissed by the Lahore tribunal, bringing the total number of filed petitions to 411. The details of the petition are given in the next section of this report.

To download complete report, click here

The post Political Parties’ Petitions with Election Tribunals January 2015 Update appeared first on Election Pakistan.

Of the 355 cases, 154 (128 by the tribunals and 26 by the ECP itself) have been dismissed on grounds of technical deficiencies, implying that the merits of the petitions were not adjudicated on. Thirty-nine petitions have been accepted; 23 dismissed due to non-prosecution; 29 dismissed as withdrawn and 95 dismissed after complete trial. The reasons for dismissal of 15 petitions are not known to FAFEN due to non-availability of their copies of orders despite continuous efforts to obtain them.

With regards to the 39 petitions accepted, 10 were filed by independent candidates, eight by PPPP members and seven by PML-N candidates. Meanwhile, none of the petitions filed by PTI have been accepted so far.

Of the accepted petitions, 14 are against the returned candidates of PML-N, 10 petitions cite independent candidates as respondents, while three nominate returned candidates of PTI.

Given the backlog, the ECP seems to have failed to ensure compliance with the mandatory legal provision of disposing of election petitions within 120 days of receipt by the tribunals. Section 67(1)A of the Representation of People Act 1976 states that “where a petition is not decided within four months, further adjournment sought by any party shall be given only on payment of special cost of Rs10,000 per adjournment and adjournment shall not be given for more than three days.”

Even though all the pending cases have crossed the limit of 120 days, the compliance with the mandatory provision of imposing the fine has been very rare. It is important to mention that the Supreme Court of Pakistan has already emphasized that the tribunals should follow the above-mentioned provision strictly. Furthermore, FAFEN has recorded 2,623 adjournments of over seven days in the tribunals, in violation of election laws and ECP’s directions which urge the tribunals to hear the petitions on a day-to-day basis and do not allow an adjournment of more than seven days.

Moreover, there is no provision in law that deals with writ petitions against interim orders of election tribunals or the timeframe for their disposal, if filed. As a result, stay orders passed by high courts against writ petitions have lingered on for several months, delaying the disposal of petitions within the legally-stipulated deadline. As of November 30, 2014, 16 petitions were pending due to restraint orders issued by the high courts.

The ECP constituted 14 tribunals across the country to redress election-related complaints following the 2013 General Elections. The election results were officially notified on May 22, 2013 following which the candidates had until July 6, 2013 to submit their petitions. The ECP received a total of 409 petitions, out of which 25 were dismissed by the commission itself during scrutiny. As many as 384 petitions were referred to the tribunals – one petition was sent back by the Rawalpindi tribunal and dismissed by ECP itself due to non-prosecution, bringing the number of cases dismissed by the ECP to 26. Another petition was filed directly with the tribunal in Lahore, bypassing the legal mechanism which resulted in its dismissal at the initial stage. Furthermore, another petition was filed with the ECP in June 2014 and dismissed by the Lahore tribunal in the same month, bringing the total number of petitions to 411.

Most of the petitions were moved by contesting candidates, while three petitions were filed by voters. Independent candidates filed a total of 99 petitions, followed by PML-N members who filed 66 petitions – 12 against PTI and 14 against PPPP. Of the 12 petitions against PTI, only one has been accepted so far. Nine petitions against PTI have been dismissed, while two are still awaiting decisions. Similarly, two petitions against PPPP have been accepted; nine have been dismissed while three petitions are yet to be decided.

PTI filed a total of 58 petitions – 43 against winning candidates of the ruling PML-N. Of these 43 petitions, 20 were filed to resolve disputes over National Assembly seats while the rest were related to the provincial assemblies. Only one petition was filed by PTI against PPPP to resolve a dispute over a National Assembly seat in Sindh. So far, none of the petitions filed by PTI against either party have been accepted. Twenty-eight petitions (27 against PML-N and one against PPPP) have been dismissed while 16  await decisions.

In addition, PPPP members filed 50 petitions – 19 against PML-N and only one against PTI. The only petition against PTI was dismissed by the Abbottabad tribunal. Of the 19 petitions against PML-N, three have been accepted; 14 have been dismissed while another two are pending with the respective tribunals.

PML-N – the party with the highest number of seats in the National Assembly – also has the highest number of petitions citing the party as the respondent. Over one-third (138 or 36%) of the 385 petitions referred to the tribunals were filed against the party’s winning candidates. Independent candidates were nominated in 78 petitions, while PPPP and PTI had 50 and 30 cases filed against their candidates respectively.

The petitions were moved on single or multiple grounds and seek single or multiple reliefs. A majority of the petitions challenged the nomination or qualification of returned candidates with the additional ground of use of corrupt practices to sway the elections. There were 38 petitions challenging the nomination process and another 91 challenging the qualification of returned candidates. More than half (212 or 55%) of the petitions, among other grounds, made allegations of corrupt practices employed by returned candidates, while almost three-fourth (277 or 72%) of the petitions accused other personnel, including election officials, of malpractice.

Petitioners in 248 cases sought declaration to the effect that the election of the winning candidate be declared void and the petitioner be declared returned candidate instead. Among other reliefs, 122 petitions sought disqualification of the returned candidates and re-polling in the constituency. Another 89 petitions sought recounting of ballots for the entire or parts of the constituencies, 43 demanded re-examination of excluded ballots while 57 sought re-polling at certain polling stations besides 70 petitions seeking other reliefs.

[1] FAFEN had earlier reported that a total of 410 petitions were filed following the 2013 General Elections. More recently, another petition was filed with the ECP and dismissed by the Lahore tribunal, bringing the total number of filed petitions to 411. The details of the petition are given in the next section of this report.

To download complete report, click here

The post Political Parties’ Petitions with Election Tribunals December 2014 Update appeared first on Election Pakistan.

Of the 348 cases, 153 (127 by the tribunals and 26 by the ECP itself) have been dismissed on grounds of technical deficiencies, implying that the merits of the petitions were not adjudicated on. Thirty-eight petitions have been accepted; 23 dismissed due to non-prosecution; 29 dismissed as withdrawn and 89 dismissed after complete trial. The reasons for dismissal of 16 petitions are not known to FAFEN due to non-availability of their copies of orders despite continuous efforts to obtain them.

With regards to the 38 petitions accepted, 10 were filed by independent candidates, eight by PPPP members and six by PML-N candidates. Meanwhile, none of the petitions filed by PTI have been accepted so far.

On the other hand, 14 accepted petitions are against the returned candidates of PML-N. Ten petitions cite independent candidates as respondents, while three nominate returned candidates of PTI.

Given the backlog, the ECP seems to have failed to ensure compliance with the mandatory legal provision of disposing of election petitions within 120 days of receipt by the tribunals. Section 67(1)A of the Representation of People Act 1976 says that “where a petition is not decided within four months, further adjournment sought by any party shall be given only on payment of special cost of Rs10,000 per adjournment and adjournment shall not be given for more than three days.”

Even though all the pending cases have crossed the limit of 120 days, the compliance with the mandatory provision of imposing the fine has been very rare. It is important to mention that the Supreme Court of Pakistan has already emphasized that the tribunals should follow the above-mentioned provision strictly. FAFEN has recorded 2,609 adjournments of over seven days in the tribunals, in violation of election laws and ECP’s directions which urge the tribunals to hear the petitions on a day-to-day basis and do not allow an adjournment of more than seven days.

Furthermore, there is no provision in the law that deals with writ petitions against interim orders of election tribunals or the timeframe for their disposal, if filed. As a result, stay orders passed by high courts against writ petitions have lingered on for several months, delaying the disposal of petitions within the legally-stipulated deadline. As of October 31, 2014, 19 petitions were pending due to restraint orders issued by the high courts.

The ECP constituted 14 tribunals across the country to redress election-related complaints following the 2013 General Elections. The election results were officially notified on May 22, 2013 following which the candidates had until July 6, 2013 to submit their petitions. The ECP received a total of 409 petitions, out of which 25 were dismissed by the commission itself during scrutiny. As many as 384 petitions were referred to the tribunals – one petition was sent back by the Rawalpindi tribunal and dismissed by ECP itself due to non-prosecution, bringing the number of cases dismissed by the ECP to 26. Another petition was filed directly with the tribunal in Lahore, bypassing the legal mechanism which resulted in its dismissal at the initial stage. Furthermore, another petition was filed with the ECP in June 2014 and dismissed by the Lahore tribunal in the same month, bringing the total number of petitions to 411.

Most of the petitions were moved by contesting candidates, while three petitions were filed by voters. Independent candidates filed a total of 99 petitions, followed by PML-N members who filed 66 petitions – 12 against PTI and 14 against PPPP. Of the 12 petitions against PTI, only one has been accepted so far. Nine petitions against PTI have been dismissed, while two are still awaiting decisions. Similarly, only one petition against PPPP has been accepted; six have been dismissed while another seven petitions are yet to be decided.

PTI filed a total of 58 petitions – 43 against winning candidates of the ruling PML-N. Of these 43 petitions, 20 were filed to resolve disputes over National Assembly seats while the rest were related to the provincial assemblies. Only one petition was filed by PTI against PPPP to resolve a dispute over a National Assembly seat in Sindh. So far, none of the petitions filed by PTI against either party have been accepted. Twenty-eight petitions (27 against PML-N and one against PPPP) have been dismissed while 16 are awaiting decisions.

In addition, PPPP members filed 50 petitions – 19 against PML-N and only one against PTI. The only petition against PTI was dismissed by the Abbottabad tribunal. Of the 19 petitions against PML-N, only three have been accepted; 13 have been dismissed while another three are pending with the respective tribunals.

PML-N – the party with the highest number of seats in the National Assembly – also has the highest number of petitions citing the party as the respondent. Over one-third (138 or 36%) of the 385 petitions were filed against the party’s winning candidates. Independent candidates were nominated in 78 petitions, while PPPP and PTI had 50 and 30 cases filed against their candidates respectively.

The petitions were moved on single or multiple grounds and seek single or multiple reliefs. A majority of the petitions challenged the nomination or qualification of returned candidates with the additional ground of use of corrupt practices to sway the elections. There were 38 petitions challenging the nomination process and another 91 challenging the qualification of returned candidates. More than half (212 or 55%) of the petitions, among other grounds, made allegations of corrupt practices employed by returned candidates, while almost three-fourth (277 or 72%) of the petitions accused other personnel, including election officials, of malpractice.

Petitioners in 248 cases sought declaration to the effect that the election of the winning candidate be declared void and the petitioner be declared returned candidate instead. Among other reliefs, 122 petitions sought disqualification of the returned candidates and re-polling in the constituency. Another 89 petitions sought recounting of ballots for the entire or parts of the constituencies, 43 demanded re-examination of excluded ballots while 57 sought re-polling at certain polling stations besides 70 petitions seeking other reliefs.

[1] FAFEN had earlier reported that a total of 410 petitions were filed following the 2013 General Elections. More recently, another petition was filed with the ECP and dismissed by the Lahore tribunal, bringing the total number of filed petitions to 411. The details of the petition are given in the next section of this report.

To download complete report, click here

The post Political Parties’ Petitions with Election Tribunals November 2014 Update appeared first on Election Pakistan.

Of the 342 cases, 153 (127 by the tribunals and 26 by the ECP itself) have been dismissed on grounds of technical deficiencies, implying that the merits of the petitions were not adjudicated on. Thirty-four petitions have been accepted; 22 dismissed due to non-prosecution; 29 dismissed as withdrawn and 74 dismissed after complete trial. The reasons for dismissal of 30 petitions are not known to FAFEN due to non-availability of their copies of orders despite continuous efforts to obtain them.

With regards to the 34 petitions accepted, nine were filed by independent candidates, eight by PPPP members and five by PML-N candidates. None of the petitions filed by PTI have been accepted so far.

On the other hand, 14 accepted petitions are against the ruling PML-N. Ten petitions cite independent candidates as respondents, while three nominate returned candidates of PTI.

Given the backlog, the ECP seems to have failed to ensure compliance with the mandatory legal provision of disposing of election petitions within 120 days of receipt by the tribunals.

Section 67(1)A of the Representation of Peoples Act 1976 says that “where a petition is not decided within four months, further adjournment sought by any party shall be given only on payment of special cost of Rs10,000 per adjournment and adjournment shall not be given for more than three days.”

Even though all the pending cases have crossed the limit of 120 days, no tribunal has complied with the mandatory provision of imposing the fine to the responsible party. It is important to mention that the Supreme Court of Pakistan has already emphasized that the tribunals should follow the above-mentioned provision strictly. Moreover, FAFEN has recorded 2.562 adjournments of over seven days in the tribunals, in violation of election laws and ECP’s directions which urge the tribunals to hear the petitions on a day-to-day basis and do not allow an adjournment of more than seven days.

Moreover, there is no provision in the law which deals with writ petitions against interim orders of election tribunals or the timeframe for their disposal, if filed. As a result, stay orders passed by high courts against writ petitions have lingered on for several months, delaying the disposal of petitions within the legally-stipulated deadline. As of September 30, 2014, 14 petitions were pending due to restraint orders issued by high courts, whereas four were awaiting verification reports from the National Database and Registration Authority (NADRA).

The Election Commission of Pakistan (ECP) constituted 14 tribunals across the country to redress election-related complaints following the 2013 General Elections. The election results were officially notified on May 22, 2013 following which the candidates had until July 6, 2013 to submit their petitions.

The ECP received a total of 409 petitions, out of which 25 were dismissed by the commission itself during scrutiny. The ECP referred 384 petitions to the tribunals – one petition was sent back by the Rawalpindi tribunal and dismissed by ECP itself due to non-prosecution, bringing the number of cases dismissed by the ECP to 26. Another petition was filed directly with the tribunal in Lahore, bypassing the legal mechanism which resulted in its dismissal at the initial stage. Furthermore, one petition was filed with the ECP in June 2014 and dismissed by the Lahore tribunal in the same month, bringing the total number of petitions to 411.

Most of the petitions were moved by contesting candidates, while three petitions were filed by voters. Independent candidates filed a total of 99 petitions, followed by PML-N members who filed 66 petitions – 12 against PTI and 14 against PPPP. Of the 12 petitions against PTI, only one has been accepted so far. Nine petitions against PTI have been dismissed, while two are still awaiting decisions. Meanwhile, none of the petitions filed by PML-N against PPPP have been accepted so far.

PTI filed a total of 58 petitions – 43 against winning candidates of the ruling PML-N. Of these 43 petitions, 20 were filed to resolve disputes of National Assembly seats while the rest were related to provincial assemblies. Only one petition was filed by PTI against PPPP to resolve a dispute over a National Assembly seat in Sindh. So far, none of the petitions filed by PTI against either party have been accepted. Twenty-eight petitions (27 against PML-N and one against PPPP) have been dismissed while 16 are awaiting decisions.

In addition, PPPP members filed 50 petitions that included 19 against PML-N and only one against PTI. The only petition against PTI in Khyber Pakhtunkhwa was dismissed by the tribunal. Of the 19 petitions against PML-N, only three have been accepted; 13 have been dismissed while another three are pending with the respective tribunals.

Meanwhile, PML-N – the party with the highest number of seats in the National Assembly – also has the highest number of petitions citing the party as the respondent. Over one-third (138 or 36%) of the 385 petitions were filed against the party’s winning candidates. Independent candidates were nominated in 78 petitions, while PPPP and PTI had 50 and 30 cases filed against their candidates respectively.

The petitions are moved on single or multiple grounds and seek single or multiple reliefs. A majority of the petitions challenged the nomination or qualification of returned candidates with the additional ground of use of corrupt practices to sway the elections. There were 38 petitions challenging the nomination process and another 91 challenging the qualification of returned candidates. More than half (212 or 55%) of the petitions, among other grounds, made allegations of corrupt practices employed by returned candidates, while almost three-fourth (277 or 72%) of the petitions accused other personnel, including election officials, of malpractice.

Petitioners in 248 cases sought declaration to the effect that the election of the winning candidate be declared void and the petitioner be declared returned candidate instead. Among other reliefs, 122 petitions sought disqualification of the returned candidates and re-polling in the constituency. Another 89 petitions sought recounting of ballots for the entire or parts of the constituencies, 43 demanded re-examination of excluded ballots while 57 sought re-polling at certain polling stations besides 70 petitions seeking other reliefs.

[1] FAFEN had earlier reported that a total of 410 petitions were filed following the 2013 General Elections. Recently, however, FAFEN has discovered that another petition was filed with the ECP in June 2014 and dismissed by the tribunal in the same month, bringing the total number of filed petitions to 411. The details of the petition are given in the next section of this report.

To download complete report, click here

The post Political Parties’ Petitions with Election Tribunals October 2014 Update appeared first on Election Pakistan.

Of the 331 decided cases, 152 (126 by the tribunals and 26 by the ECP itself) have been dismissed on grounds of technical deficiencies, implying that the merits of the petitions were not adjudicated on. Thirty petitions have been accepted; 22 dismissed due to non-prosecution; 28 dismissed as withdrawn and 62 dismissed after complete trial. The reasons for dismissal of 37 petitions are not known to FAFEN due to non-availability of their copies of orders despite continuous efforts to obtain them.

With regards to the 30 petitions accepted, eight were filed by independent candidates, seven by PPPP members and four by PML-N candidates. None of the petitions filed by PTI have been accepted so far.

On the other hand, 13 accepted petitions are against returned candidates of PML-N – the party with the highest number of seats in the National Assembly. Eight petitions cite independent candidates as respondents, while three nominate returned candidates of PTI as defendants.

Given the backlog, the ECP seems to have failed to ensure compliance with the mandatory legal provision of disposing of election petitions within 120 days of receipt by the tribunals.

Section 67(1)A of the Representation of Peoples Act 1976 says that “where a petition is not decided within four months, further adjournment sought by any party shall be given only on payment of special cost of Rs10,000 per adjournment and adjournment shall not be given for more than three days.”

Even though all the pending cases have crossed the limit of 120 days, no tribunal has complied with the mandatory provision of imposing the fine to the responsible party. It is important to mention that the Supreme Court of Pakistan has already emphasized that the tribunals should follow the above-mentioned provision strictly. Moreover, FAFEN has recorded 2,534 adjournments of over seven days in the tribunals, in violation of election laws and ECP’s directions which urge the tribunals to hear the petitions on a day-to-day basis and do not allow an adjournment of more than seven days.

In addition, there is no provision in the law which deals with writ petitions against interim orders of election tribunals or the timeframe for their disposal, if filed. As a result, the stay orders passed by high courts against writ petitions have lingered on for several months, delaying the disposal of petitions within the legally-stipulated deadline.

As of August 31, 2014, 13 petitions were pending due to restraint orders issued by high courts, whereas seven were awaiting verification reports from the National Database and Registration Authority (NADRA). Moreover, two cases were pending as the matter is in the Supreme Court.

Most of the petitions were moved by contesting candidates, while three petitions were filed by voters. The ECP received 409 petitions, out of which 25 were dismissed by the ECP itself during scrutiny. FAFEN’s data suggests that the ECP referred 384 petitions to the tribunals. One petition was sent back by the Rawalpindi tribunal and dismissed by ECP itself due to non-prosecution, bringing the number of cases dismissed by the ECP to 26. One petition was filed directly with the tribunal in Lahore, bypassing the legal mechanism which resulted in its dismissal at the initial stage.

Independent candidates filed a total of 98 petitions, followed by PML-N members with 66 petitions – 12 against PTI and 14 against PPPP. Of the 12 petitions against PTI, only one has been accepted so far. Eight petitions against PTI have been dismissed, while three are still awaiting decisions. Meanwhile, none of the petitions filed by PML-N against PPPP have been accepted.

PTI filed a total of 58 petitions – 43 against winning candidates of PML-N. Of these 43 petitions, 20 were filed to resolve disputes over National Assembly seats while the rest were related to the provincial assemblies. Only one petition was filed by PTI against PPPP to resolve a dispute over a National Assembly seat in Sindh. So far, none of the petitions filed by PTI against either party have been accepted. Twenty-eight petitions (27 against PML-N and one against PPPP) have been dismissed while 16 are still awaiting decisions.

In addition, PPPP members filed 50 petitions that included 19 against PML-N and only one against PTI. The only petition against PTI in Khyber Pakhtunkhwa was dismissed by the tribunal. Of the 19 petitions against PML-N, only two have been accepted; 13 have been dismissed while four are pending with the respective tribunals.

Meanwhile, PML-N – the party with the highest number of seats in the National Assembly – also has the highest number of petitions citing the party as the respondent. According to FAFEN’s data, over one-third (137 or 35%) of the 384 petitions were filed against the party’s winning candidates. Independent candidates were nominated in 78 petitions, while PPPP and PTI had 50 and 30 cases filed against their candidates respectively.

The ECP can accept petitions within 45 days of the gazette notification of the returned candidates and can either dismiss or forward a petition to the respective tribunal at a time it may deem fit after initial scrutiny. The election results were officially notified on May 22, 2013, following which the candidates had until July 6 to submit their petitions. Although the tribunals are legally bound to decide a case within 120 days of its receipt, no time limit is stipulated for the ECP to forward or dismiss the petitions. As a result, several cases remain pending with the ECP for a long period of time. According to FAFEN’s data, the Lahore tribunal received at least two petitions on January 29, 2014.

The petitions are moved on single or multiple grounds and seek single or multiple reliefs. A majority of the petitions challenged the nomination or qualification of returned candidates with the additional ground of use of corrupt practices to sway the elections. There were 38 petitions challenging the nomination process and another 91 challenging the qualification of returned candidates. More than half (212 or 55%) of the petitions, among other grounds, made allegations of corrupt practices employed by returned candidates, while almost three-fourth (277 or 72%) of the petitions accused other personnel, including election officials, of malpractice.

Petitioners in 248 cases sought declaration to the effect that the election of the winning candidate be declared void and the petitioner be declared returned candidate instead. Among other reliefs, 122 petitions sought disqualification of the returned candidates and re-polling in the constituency. Another 89 petitions sought recounting of ballots for the entire or parts of the constituencies, 43 demanded re-examination of excluded ballots while 57 sought re-polling at certain polling stations besides 70 petitions seeking other reliefs.

To download complete report, click here

The post Political Parties’ Petitions with Election Tribunals September 2014 Update appeared first on Election Pakistan.