Following an inquiry into the by-polls held in Karachi on May 12, the Election Commission has annulled the results for one provincial seat and two national assembly seats while upholding the verdict for a third NA seat.
The Muttahida Qaumi Movement has taken strong exception to the 40-page EC order, which cites "grave illegalities" committed on election day as the main reason for its decision to annul the results in question.
Incidents of violence on that day had claimed nine lives besides injuring 29 people amidst allegations and counter-allegations by the MQM and the MMA. The Election Commission's order signed by four high court judges headed by the chief election commissioner incorporates the findings of an inquiry committee and submissions by the MQM candidates.
The proceedings were boycotted by the MMA. The order has determined that the violence and killings on the by-poll day were "tantamount to illegal interference with the free exercise of the right of franchise of the electorate... and is in violation of the law and the rules."
It cites Section 103AA of the Representation of People Act as the basis for its decision to annul the results in the three constituencies and has ordered fresh by-elections to be held there on August 9.
The unofficial results announced the day following the by-polls had declared MQM candidates successful, and the Muttahida has now launched a broadside against the chief election commissioner.
The Election Commission has not been above controversy, and following both the October 2002 general elections and the presidential referendum of April 5, 2002, there were numerous allegations about the EC failing to take notice of many irregularities.
Even now, the EC's report is silent on the performance of its own electoral machinery. That said, the Muttahida's reaction appears to be too personalized and based more on factors other than the actual situation on May 12. The Muttahida would have won the NA by-polls anyway, since these were its seats, and will again win in the fresh polls scheduled for August 9.
The PA seat was a problem because it was held by the PPPP and was wrested by the MQM. If an inquiry has established that there was violence and disorder on May 12, then it is difficult to see how re-polling can be avoided, and all parties should now cooperate in ensuring that the re-polling is carried out peacefully.