Election tribunals yet to decide 83pc of disputes – Pakistan

Table of Contents

• 7 of 23 tribunals have not settled a single case, says Fafen
• Punjab tribunals lag behind with only 6.5pc cases resolved
• Balochistan leads as 59pc cases disposed of

ISLAMABAD: Election tribunals across the country resolved 20 more election petitions between Oct 10 and Nov 15, bringing the total to 60 — just around 17 per cent of the 350 disputes.

According to the Free and Fair Election Network’s (Fafen) latest report on tribunal performance, seven of the 23 tribunals have yet to decide any petitions.

While there has been a slight improvement in the pace of decisions over the past month, significant disparities remain among the provinces, with tribunals in Punjab, Sindh and Khyber Pakhtunkhwa lagging behind those in Balochistan.

The three tribunals in Balochistan have disposed of 30 out of 51 disputes (58.8pc), making them the most efficient. In contrast, the six tribunals in KP have decided only eight of 42 cases (19pc), while the five tribunals in Sindh have managed just 12 of 83 petitions (14.5pc).

Punjab, which faced del­ays in tribunal establishment due to jurisdictional disagreements between the Lahore High Court and the Election Commission of Pakis­tan, has resolved a mere 10 out of 155 cases (6.5pc).

In Punjab, four out of eight tribunals — composed of retired judges — have yet to begin hearings despite being formally notified.

Meanwhile, the Islam­abad Capital Territory tribunal is waiting for the ECP to process transfer applications for three petitions filed by PML-N lawmakers declared winners from the capital.

Of the 60 petitions reso­lved so far, 51 relate to provincial assembly constituencies, while only nine concern National Assembly seats.

Among provincial cases, Balochistan accounts for 29 resolved petitions, Sindh nine, Punjab seven, and KP six. For NA constituencies, three decisions each were made in Punjab and Sindh, two in KP, and one in Balochistan.

Overall, 21pc of the 239 petitions concerning provincial seats have been resolved compared to just 9pc of the 111 disputes involving National Assembly constituencies.

Of the 60 petitions decided, 56 were dismissed, three were accepted and one was abated due to the petitioner’s death.

Among the dismissals, 22 were deemed non-maintainable, eight were withdrawn by petitioners, and five were dismissed for non-prosecution. A further 16 were rejected after full trials. Fafen has yet to ascertain reasons for the dismissal of five petitions due to the unavailability of judgement copies.

All resolved NA petitions were dismissed.

The three petitions accepted by tribunals pertain to Balochistan Assembly constituencies — PB-44 Quetta-VII, PB-45 Quetta-VIII, and PB-36 Kalat. Tribunals ordered re-polling in specific parts of these constituencies.

Two of these accepted cases were filed by Jamiat Ulema-i-Islam Pakistan (JUI-P) candidates and one by a National Party (NP) candidate, challenging two winners from the PPP and one from the Balochistan Awami Party (BAP).

A petition on PS-97 Karachi East-I was abated following the death of the petitioner, an independent candidate backed by PTI, who had contested the win of a Muttahida Qaumi Movement Pakistan (MQM-P) candidate.

Among the dismissed cases, 13 were filed by PPP candidates, 10 by unaffiliated independent candidates, six by PTI-backed independents, five by JUI-P, and four by PML-N.

Others included three each from NP and Awami National Party (ANP), two each from Jamaat-i-Islami and Pashtoonkhwa Milli Awami Party, and one each from BAP, Balochistan National Party (BNP), Balochistan National Party Awami (BNP-A), Grand Democratic Alliance, Hazara Democratic Party, Jamhoori Watan Party, Tehreek-i-Labbaik Pakistan, and Khadameen-i-Sindh.

Most petitions targeted winners from PML-N (14), followed by PTI-backed independents (13) and PPP (10). Other respondents included JUI-P (six), MQM-P (five), unaffiliated independent candidates (three), NP (2), and one each from BNP, BNP-A, and BAP..

Published in Dawn, November 18th, 2024

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