Only One-fourth (95 of 373) post-election petitions have been decided by the Election Tribunals by October 31, 2013 with Election Tribunals falling behind the legally stipulated time of 120 days for the disposal of a petition in at least 18 cases.

The election results were officially notified on May 22 after which the candidates had the time (45 days) until July 6 to submit petitions with the Election Commission of Pakistan (ECP). There were 14 tribunals constituted across the country to redress election-related complaints by the contesting candidates. The commission received 406 petitions in all.

This update, covering the proceedings till October 31, 2013, is based upon the observation of the 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.

Around one-fourth (95 out of 373) of the cases were decided or disposed of by the Tribunals till October 31, 2013.

Three petitions were decided in favour of the petitioners whereas all but one were dismissed on technical grounds making the petitions not maintainable. The current speed at which tribunals are working may delay the decisions on many petitions beyond the legally stipulated time of 120 days. FAFEN observers recorded 996 adjournments of more than seven days in the election tribunals whereas the election laws and ECP directions urge the tribunals to hear petitions on day to day basis and do not allow an adjournment for more than seven days[1].

ECP received a total of 406 petitions, out of which 16 were dismissed by the ECP itself during scrutiny of petitions. FAFEN’s observation data suggests that ECP had referred as many as 373 petitions to Tribunals as of October 31, 2013. Most of the referred petitions were moved by the contesting candidates, while three petitions were filed by voters. One election petition was directly filed with the Tribunal in Lahore bypassing the legal mechanism resulting into its dismissal at the initial stage.

The Lahore Tribunal, being the busiest, received 49 (13% of all petitions) petitions highlighting the high prevalence of result related disputes in Lahore and suburban districts. Peshawar tribunal received 40 and Faisalabad 39 petitions. Lahore, Peshawar and Faisalabad tribunals are cumulatively bearing the burden of one third of total election result disputes. Although electoral disputes in Karachi echoed much in media on and after May 11 General Elections but fewer disputes were brought into the Tribunals with Karachi Tribunal receiving only 26 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 ticking when tribunals receive a petition from the ECP. The ECP can receive such 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. ECP started forwarding petitions to Tribunals in June 2013. Although a major chunk of submitted petitions have been forwarded to the respective tribunals, as many as 19 petitions were still pending with the ECP, as of October 31, 2013.

If analyzed with the date of receipt of petitions by the Tribunals, at least 18 petitions were still waiting for a decision despite the lapse of legally stipulated time for their disposal. Given the pace of Tribunals’ proceedings, more petitions can come under this category in days to come posing a serious question over the efficacy and efficiency of dispute resolution mechanism in electoral governance.

The petitions forwarded to the Tribunals are moved on single or multiple grounds seeking single or multiple relief. Majority of the petitions are either a continuation of challenges to nomination or qualification of the returned candidates with the additional ground of use of corrupt practices by the returned candidates or others to sway the elections. There were 36 petitions that challenged the nomination process and another 89 that challenged the qualification of returned candidates. More than half (206 in total or 55%) of petitions, among other grounds, make allegations of corrupt practices by the returned candidates while almost three fourths (271 in total or 73%) of petitions claim malpractice from other personnel including the election staff.

Petitioners in 245 cases have sought declaration to the effect that the election of the winning candidates be declared void and they should be declared the returned candidates instead. Among other reliefs, 119 petitions seek disqualification of the returned candidates and re-polling in the constituency. Another 88 petitions seek recounting of ballots for entire or parts of the constituencies, 42 demand re-examination of excluded ballots as relief while 57 seek re-polling in certain polling stations.

Independent candidates filed the most petitions across the country (94) while party-wise the candidates of three leading parties in the National Assembly filed a major chunk of petitions. PML-N members filed 64 petitions, almost evenly distributed across the 14 tribunals. PTI members followed with 55 petitions; filing no petitions with the Dera Ismail Khan, Hub, Quetta and Sukkur tribunals. Members of PPPP, the second-largest party in the National Assembly, filed 47 of the 373 petitions, almost evenly distributed across the country. They filed the highest number of petitions in Bahawalpur and Hyderabad (eight each) and filed no petitions in Hub and Rawalpindi.

Similarly, a party-wise analysis of the petitions filed against winning candidates shows that the members of PML-N – the party with the most seats in the National Assembly (over 50%) – had the majority share of petitions filed against winning candidates. According to the data available with FAFEN, over a third (129, or 35%) of the 373 petitions filed against returned candidates belonged to the PML-N.

The largest share of the petitions was filed in Punjab (45%) with most being filed in Lahore (43), followed by Faisalabad (27), Multan (16) and Bahawalpur (15). No petitions were filed against PML-N candidates in Dera Ismail Khan, Hyderabad and Sukkur. PPPP returned candidates were nominated in 47 petitions, mostly in Sindh – 24 petitions in Sukkur and 21 in Hyderabad.

[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”.

To download this report, click here