ISLAMABAD: The Election Commission of Pakistan (ECP) has said that opposition parties, including the PTI, have failed to provide any evidence regarding “systematic and planned rigging” in the 2013 general elections and declared that the results of the polls were a “true reflection” of the people’s mandate.

“The general elections 2013 were not manipulated or influenced pursuant to a systematic effort or design by anyone. The results of the general elections of 2013 on an overall basis are a true and fair reflection of the mandate given by the electorates,” says the ECP in a 33-page response submitted to the poll inquiry commission headed by Chief Justice Nasir-ul-Mulk.

“The mere possibility of wrongdoing is not even circumstantial evidence of actual wrongdoing,” the ECP maintains in its response submitted through its counsel Salman Akram Raja. However, it does admit to administrative lapses by election staff.

The three-judge inquiry commission will commence arguments on the ECP’s response on Monday.

The ECP states that the PTI had made several assertions, but these were given up or not pursued during the course of the recording of evidence. “Resultantly, a number of witnesses included in the original list of witnesses provided by the PTI were also given up,” states the response, a copy of which is available with Dawn.

Admits lapses by 70,000 presiding officers, claims polls were ‘true reflection’ of people’s mandate

“Evidence with respect to systematic wrongdoing could have provided direct proof of the existence and execution of an alleged plan to rig the elections in an organised manner. No such evidence has emerged as regards the general elections of 2013 in general,” the ECP maintains.

“The evidentiary record establishes that despite some lapses, primarily by nearly 70,000 presiding officers (POs) in the filling out and placement of Form XV and by the POs or the returning officers (ROs) in the sealing of polling bags, the general elections of 2013 were on the whole organised and conducted impartially, honestly, fairly, justly and in accordance with the law.”

The ECP also gives detailed responses to the points raised by opposition parties before the inquiry commission.

Extra ballot papers

The ECP contends that the PTI has questioned both the number of ballot papers printed and the manner and venue of their printing in an attempt “to establish the alleged organised scheme to unlawfully impact” the elections. “Nothing untoward or sinister has emerged during the proceedings either with respect to the number of ballot papers that were printed or the manner or venue of printing,” it maintains.

“The ECP, in turn, has placed before the Honourable Inquiry Commission the documentary record regarding the printing of ballot papers, including the determination of the quantity of ballot papers,” it says, adding: “The ECP has also placed on record the data pertaining to the number of ballot papers printed in every general election since 1970 in order to demonstrate that the numbers printed in 2013 were consistent with, and indeed below, the historic norm.”

The ECP has claimed that “no pattern or relationship has emerged as regards the number of extra ballot papers and the party affiliation of the returned candidate or the number of the missing Forms XV. In the province of Punjab the constituencies with high numbers of extra ballot papers, the returned candidates with affiliations other than that to the PML-N”.

Giving an example, it says the difference between the number of printed ballot papers and the number of registered voters was over 70,000 in NA-53 Rawalpindi and the seat was won by a PTI candidate. “The same applies to NA-34 Lower Dir, where the returning candidate was from the Jamaat-i-Islami.”

Missing Form XV

The ECP contends that Forms XV for 60,634 polling stations, of a total of 69,763 polling stations, were available. “The deficiency in the available record of Forms XV may, however, be placed in the context of the fact that Forms XV are nearly all available despite the lapse of two years. No evidence has been produced to suggest that there was any deliberate scheme either to not generate Forms XV on polling day or to remove Forms XV from the record. The fact that some record is not available now does not necessarily imply that it was never generated.”

According to the ECP, the constituencies with a low percentage of extra ballot papers have a high number of missing Forms XV in the polling bags whereas the constituencies with a high percentage of extra ballot papers have a low ratio of missing Forms XV.

The ECP has placed before the inquiry commission the entire record consisting over 210,000 pages of Forms XIV for polling stations from across the country along with Forms XVI that reflect the consolidation made by the ROs on the basis of Forms XIV. This record has not been challenged by any party.

Given the fact that the Forms XVI from across the country are consistent with the Forms XIV and that there is no challenge to the Forms XIV in general, the ECP says that the gaps in the record of Forms XV cannot be said to be of any decisive significance.

As a matter of record, the highest missing ratio of Forms XV in the polling bags is for the province of Khyber Pakhtunkhwa, followed by Sindh and Punjab. The absence of Forms XV cannot be taken to be evidence of election malpractice by the returned candidate or by anyone else.

Polling bags, thumbprints

Regarding the unsealed polling bags, the ECP says: “No evidence has come before the inquiry commission as to whether the polling bags concerned were not sealed by the POs or whether the seals got broken or removed later, possible during transportation and placement in the treasuries.

“It is submitted that the combined record that includes Forms XIV, Forms XV, Forms XVI as well as the actual ballot papers in the polling bags along with Nadra analysis reports has provided a high level of post-election verifiability.

“The absence of Form XV and seals on polling bags is a fact that could have been caused by incompetence or lack of understanding, rather than mala fides on the part of the POs.

“The fact that thumb impressions on a substantial number of counterfoils and electoral rolls cannot be verified by Nadra does not amount to evidence that fake voters cast ballots or that unused extra ballots were stuffed into ballot boxes or the polling bags.

“Inability of Nadra to verify a thumb impression is not a proof of corrupt practice. The Nadra reports do not establish any large scale or systematic attempt to impact the outcome of the 2013 general elections.”

Published in Dawn, June 29th, 2015

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