ISLAMABAD: Even 16 months after the 2013 general elections, the Election Commission of Pakistan is yet to make public documents that are the backbone of an election result.

The ECP is yet to meet its promise to place these documents, including forms XIV, XV, XVI and XVII, on its website.

It is widely believed that any meaningful investigation into alleged poll rigging is not possible without verification and audit of election result forms.

“Is there any example of democracy in the world where Election Commission is reluctant to release result forms. If nothing to hide, then why hide,” the outgoing chairman of the National Database and Registration Authority tweeted recently.

When contacted, a senior ECP official said copies of these documents could be obtained from returning officers and provincial offices of the commission on payment of a fee.

He said the quarters concerned had been directed by the ECP to supply copies of these documents and if an applicant faced problem he/she could approach the commission.

The official said the legal aspects of placing these forms on the ECP website were being examined.

A statement of voter count is prepared by the presiding officer in form XVI while the ballot paper account is recorded in form XV by the presiding officer. The returning officer consolidates the results of the count furnished by the returning officer in form XVI. The returning officers are required under the law to submit the result of the count to the commission in form XVII.

Under Section 28 (2) of the Representation of the people (conduct of election) rules, 1977, the consolidated statement together with the result of count is to be sent to the commission immediately after the count for declaration of the result and publication of the name of returned candidate in the official gazette.

Under Section 29 of the rules, the documents retained by the commission, except ballot papers, are open to public inspection during office hours on payment of a specified fee.

A source claimed that the ECP was yet to receive complete record from the returning officers, who were not under its control.

Meanwhile, the Free and Fair Election Network (Fafen) launched an online public campaign asking the ECP to post on its website essential documents related to the 2013 election results without further delay, which are fundamental to any objective assessment of the elections and are required for electoral transparency.

“The ECP forms contain records of polling station vote counts, accounting for ballot papers, consolidation of election results, and polling schemes implemented on election day. All of the forms contain information of public importance that must be available to citizens, according to the Constitution and law of Pakistan. The release of these documents is necessary for ECP to fulfil its public commitment and meet legal standards for electoral transparency,” said a statement released by Fafen.

It said the documents include Form XIV (statement of the count) and Form XV (ballot paper account) for all polling stations for all National and provincial assembly constituency elections, as well as Form XVI (consolidation of statements of the count), Form XVII (result of the count) and the polling scheme exactly as implemented on the election day for all National and provincial assembly constituencies.

It regretted that despite repeated requests from civil society and political parties, the ECP was yet to make public these essential documents. “These forms are fundamental to any objective assessment of general elections 2013. The public release of all key documents is required in order to address the questions being raised about the quality and transparency of general elections 2013,” the statement said.

The Fafen petition addressed to the ECP secretary reads: “In the light of the ongoing turmoil in Pakistan, the basis of which appears to be firmly rooted in controversy surrounding the 2013 general elections, I am writing to you today as a concerned citizen to request the Election Commission of Pakistan to play its role.”

It said that transparent and unobstructed availability of record of elections was of primary importance in engendering a sense of confidence in the validity of election results. The petition acknowledges the steps taken by the ECP to make information available to the public via its website, including nomination forms, statements of assets and liabilities of candidates, polling schemes, etc., saying that the commission deserved credit and commendation for the positive and constructive step.

Fafen urged the commission to immediately publish the forms related to the 2013 elections and subsequent by-elections for all national and provincial assembly constituencies in the interest of transparency and said it would be a significant contribution by the ECP in helping the nation along the journey to strengthen democracy and independent institutions and regulatory bodies, such as the commission itself.

Published in Dawn, September 12th, 2014

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