Political Parties’ Petitions with Election Tribunals February 2014 Update

This update, covering the proceedings till January 31, 2014, is based upon the observation of election tribunals as part of FAFEN’s legal study being commissioned with the assistance of 18 trained lawyers. These lawyers collect information and observe the proceedings of the tribunals.

Only forty eight percent (198 of 410) of the post-election petitions were decided by the election tribunals and ECP (173 out of 385 by 14 the tribunals and 25 by ECP) by January 31, 2014. The Election tribunals are falling behind the legally-stipulated time of 120 days for the disposal of petitions in at least 198 cases (51% of total cases).

The election results were officially notified on May 22, 2013, after which the candidates had until July 6 (45 days) to submit petitions with the ECP. There were 14 tribunals constituted across the country to redress election-related complaints by the contesting candidates.

ECP received a total of 409 petitions, while 1 petition was directly filed with a tribunal in Lahore, bypassing the legal mechanism which resulted in its dismissal at the initial stage. Of the rest, 25 were dismissed by the ECP itself during the scrutiny of petitions. FAFEN’s observation data shows that the ECP had referred as many as 385 petitions to the tribunals as of January 31, 2014. Most of the referred petitions were moved by the contesting candidates, while three petitions were filed by voters.

It is, however, important to point out that the ECP’s data released on January 28, 2014 shows the total number of petitions filed as 407 whereas one petition numbered but later on cancelled by ECP, one petition forwarded to Election Tribunal Lahore after numbering it 274-A/2013 and another petition directly filed with Election Tribunal Lahore are missing from this data. Similarly Election Petition No. 342/2013 has been shown as dismissed by the Election Tribunal vide order dated 16/11/2013 in the ECPs above-mentioned data but according to FAFEN’s observation the same is still pending adjudication with Election Tribunal Sukkur and fixed for February 28, 2014.

Around forty five percent (173 out of 385) of the cases were decided or disposed of by the tribunals till January 31, 2014. Of these, 10 petitions were accepted; 17 were dismissed as withdrawn; 14 were dismissed due to non-prosecution; 12 were dismissed after complete trial whereas 92 cases were dismissed on technical grounds making the petitions not-maintainable. Reasons for dismissal of 28 petitions are not known to FAFEN due to non-availability of the copies of orders.

The Lahore tribunal, being the busiest, received 56 (14%) petitions, highlighting the high prevalence of result-related disputes in Lahore and its suburban districts. The Peshawar tribunal received 40 petitions, followed by Faisalabad with 39 petitions. Lahore, Peshawar and Faisalabad tribunals collectively received one-third of the total election result disputes. Although electoral disputes in Karachi echoed considerably in media, the Karachi tribunal received only 30 petitions.

Tribunals are legally bound to decide a petition within 120 days of their receipt. The tribunals’ time does not start with the date of submission of the petition with the ECP, rather the legal clock starts when tribunals receive a petition from the ECP.

The ECP started forwarding the petitions to the tribunals in June 2013. As there is no time limit provided in the law for the ECP to forward or dismiss the petitions, some of them remained pending with the ECP for more than 120 days – the period stipulated by the law for the disposal of petitions by the tribunal. According to data collected by FAFEN observers, the Lahore Tribunal Lahore received at least 2 petitions on January 29, 2014.

If analyzed with the date of receipt of petitions by the tribunals, at least 198 petitions (more than 51%) are still waiting for a decision despite the lapse of the legally stipulated time.

FAFEN observers recorded 1726 adjournments of more than seven days in the election tribunals, whereas the election laws and ECP directions urge the tribunals to hear the petitions on a day-to-day basis and do not allow an adjournment of more than seven days[1].

The petitions forwarded to the tribunals are moved on a single or multiple grounds seeking single or multiple reliefs. A majority of the petitions are either a continuation of challenges to nomination or qualification of returned candidates with the additional ground of use of corrupt practices by the returned candidates or others 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, make allegations of corrupt practices by returned candidates, while almost three-fourth (277 or 72%) allege malpractice of other personnel, including the election staff.

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

Independent candidates filed the most petitions across the country (99), while the candidates of the three leading parties in the National Assembly filed a major chunk of the petitions. PML-N members filed 66 petitions, almost evenly distributed across the 14 tribunals. PTI members followed with 58 petitions with none of them being filed in Dera Ismail Khan, Hub, Quetta and Sukkur. Members of PPPP–the second largest party in the National Assembly—filed 50 petitions. The party did not file any petition in Hub and Rawalpindi.

A party-wise analysis of the petitions shows that PML-N – the party with the most seats in the National Assembly – had the majority share of the petitions filed against its winning candidates. According to the data available with FAFEN, over one-third (138, or 35%) of the 385 petitions were filed against the party’s candidates.

Most of the petitions were filed in Punjab (115), with 49 petitions being filed in Lahore followed by Faisalabad (27), Bahawalpur (19) and Multan (14). No petitions were filed against PML-N candidates in Dera Ismail Khan and Hyderabad.

PPPP’s returned candidates were nominated in 49 petitions – mostly in Sindh with 25 petitions in Hyderabad and 18 in Sukkur.

[1] It was specifically mentioned in the “HANDBOOK ON ELECTION TRIBUNAL PETITION PROCESS” published by the ECP in 2013: “In 2009, an amendment to ROPA was adopted stating that “no adjournment shall be granted to any party for more than seven days and that too on payment of costs as the Tribunal may determine”.

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