ISLAMABAD: A judicial commission investigating allegations of rigging in the 2013 general elections is likely to decide on Wednesday whether it should allow the Election Commission of Pakistan (ECP) to open the sealed election bags for retrieving around 140,000 ‘Forms 15’ to help in the inquiry.

The three-judge commission, headed by Chief Justice Nasir-ul-Mulk, will also determine what mode to adopt in case of ordering opening the sealed bags for retrieving the forms from the 70,000 polling stations of the National Assembly and provincial assemblies across the country.

Whether the commission should appoint local commissions headed by district judges in whose presence the bags will be opened and how much time should be allowed to complete the task will also be a moot point in the discussion before the commission which will roll their heads in a chamber meeting than the open court on Wednesday. A senior ECP officer with understanding about the matter will also be present when the commission will meet at 9’O Clock on Wednesday.

Also read: Commission wants ECP stance on ‘Form 15’ today

The Pakistan Tehreek-i-Insaf is asking for the production of Form 15 which contains the account of ballots used as well as papers not used and emphasising for the production of Form 15 that only relates to the National Assembly constituencies.

But the ECP says it had already initiated the massive exercise since May 20 when the request was communicated to it and the picture will be cleared as to how much needed document was available by Friday. Currently the election bags are in the custody of treasury in 130 districts usually retained by the district returning officers (DROs) – also judicial officers.

The idea to retrieve Form 15 by opening the sealed bags was floated by Abdul Hafeez Pirzada after consulting PTI leadership. This will help avoid the controversy, the counsel explained, adding that collection of these materials from the returning officers (ROs), who also retained copies of the same, would render the entire inquiry exercise redundant. He also asked the local commission manned by the judicial officers be appointed.

“You are asking for the opening of election bags in the presence of the judicial officers as commissions but on the other hand you have serious reservations against the role of these officers in the 2013 general elections,” observed Justice Amir Hani Muslim, a member of the commission, while pointing towards Mr Pirzada who expressed the hope that the job will not be a lengthy exercise and could be done in three days.

“Will it not be tedious, cumbersome and time consuming,” Justice Ejaz Afzal remarked. The chief justice also reminded that the desired time to complete the inquiry (in 45 days) was already over.

Before deciding to meet on Wednesday the chief justice asked Mr Pirzada to make up his mind either to accept Forms 15 retrieved from ROs or from inside the bags by opening the same. The chief justice made it clear that the commission will not accept if at the end of the entire effort that will be a big exercise at different levels covering the entire country PTI’s questioning the veracity of these documents and refusing to accept them.

ECP counsel Salman Akram Raja told the commission that 70 per cent of Forms 15 were available with the returning officers (ROs) concerned while for the rest of 30pc can be collected by opening the sealed bags.

While alluding to controversial constituencies from where PTI stalwarts contested and lost the elections, Mr Raja explained that the record of the sensitive and VIP constituencies were available with the ECP. The counsel also explained that Section 45 of the Representation of People Act (RoPA) 1976 allows ECP to order opening of the sealed bags.

In its report, the ECP explained that Section 44 of RoPA required ROs to forward to ECP packets containing the ballot paper accounts (Form 15). These sealed packets are retrieved by ROs from each presiding officers in the constituency along with other specified material in the sealed bags which were then placed in the provincial treasuries where it remains in the constructive possession of ECP. The necessity of placing the bags from each polling station in the treasuries arises on account of lack of storage space facility.

But Mr Raja told the commission that the ECP was forwarding a proposal for the construction of the storage facility before the next general elections.

The counsel explained that the presiding officers as a matter of practice often provide open copies of Form 15 on the elections day in the interest of transparency to such election observers as may desire them.

The ECP is obtaining the copies of Form 15 from the relevant records across the country which was a very considerable logistical exercise, the counsel said, adding that the ECP at Islamabad and the offices of the provincial and district election commissions have worked round the clock and through the weekend to obtain these forms.

On Tuesday, the testimonies of Provincial Election Commissioner of Balochistan Sultan Biyazid and Chief Accountant of the Printing Corporation of Pakistan Mohammad Naeem Akhtar were recorded by the commission.

Published in Dawn, May 27th, 2015

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