The women voters of district Upper Dir finally deviated from the decades old tradition of their disenfranchisement during the by-election in provincial assembly constituency of PK-93 on Sept 15. Depriving women of their right to vote in parts of Khyber Pakhtunkhwa specially districts of Upper and Lower Dir always remained a matter of concern for civil society groups and activists including those working on human and women rights.

Official figures show that around 3,860 women had cast their votes, which is for the first time in this constituency. The casting of votes by women coincided with the defeat of the Jamaat-i-Islami’s candidate Malik Azam Khan in the constituency, which it had never lost before.

The seat had fallen vacant after the then MPA Malik Bahram was disqualified by an election tribunal for committing impersonation during graduation examination. Interestingly, the JI high-ups instead of taking action against Malik Bahram for bringing bad name to the party awarded ticket to his son Malik Azam Khan.

The casting of vote by women in an area where hitherto it was considered next to impossible is not an overnight change rather a long and arduous struggle is behind it. While the social activists continued to raise their voice for this cause one important factor this time is the role of the Election Commission of Pakistan (ECP), especially Chief Election Commission Sardar Mohammad Raza Khan.

While in past the ECP had only taken cosmetic steps for ensuring the women to vote, the present CEC had made it clear that the ECP had been taking the issue seriously. The seriousness of the ECP on this issue could be judged from the fact that for the first time on June 2, 2015, the commission had declared the election in a provincial assembly constituency of PK-95, Lower Dir, as null and void on the ground of depriving thousands of women voters of their right to vote.

The affected party of that important judgment of the ECP was also JI as its candidate Aizazul Mulk had received more votes as compared to his close rival candidate Haji Bahadur Khan of Awami National Party during by-election on that seat on May 7, 2015. The returning officer concerned had also declared Aizazul Mulk as the winning candidate on May 9.

While declaring the polls void the ECP had ordered re-election in the said constituency on July 12. However, that judgment of the ECP has now been under challenge before the Peshawar High Court. Over a writ petition filed by Aizazul Mulk the high court had on June 11 suspended the order of re-election by the ECP and also stayed the polls scheduled for July 12. The petition has still been pending and is scheduled for hearing on Oct 1.

The CEC had taken suo motu notice of the issue when it was reported in the print and electronic media and on May 8 the ECP had issued notices to the Khyber Pakhtunkhwa Chief Secretary, the District Returning Officer, PK-95, and all the contesting candidates to explain the circumstances under which the disenfranchisement of female voters had occurred in the constituency.

The ECP conducted marathon hearings in the case. The commission had heard counsels of some of the contesting candidates as well as individuals.

The commission observed that the total number of female voters were 53,817 (say about 54,000 in round figure) and not a single vote was cast out of the huge figure which amounted to 38 or 39 per cent of the entire electoral strength.

“A question would arise in the mind of any person, having the smallest of prudence, as to why about 54,000 of females of backward area with complete lack of communication could think alike across the area extending over 50x30 kms. It is impossible for us to believe that 54,000 ladies in Lower Dir think alike.

Coincidences do not occur so frequently and those that occur in such frequency, are not coincidences,” the commission observed adding that the strong and irrefutable presumption was that the male population had agreed to deprive the female population.

The commission in clear terms observed that no election on earth can be so attributed if 38/39 per cent of voters, all females coincidently, are deprived of their fundamental and constitutional right.

The judgment of the ECP is of immense importance as such issues continue to surface from time-to-time in the local government elections and general elections. While in past written agreements were signed by elements averse to political mainstreaming of women for barring them from voting in different areas, but with the passage of time these elements have now been entering into verbal agreements so as not to leave any evidence of their illegality.

Same issue surfaced during by-elections in 2013 when the Peshawar High Court had taken notice of bar on women to cast vote in several polling stations in NA-5 Nowshera and NA-25 Lakki Marwat constituencies.

A two-member bench of the high court on Aug 26, 2013, ordered to conduct re-polling in those polling stations where women had not cast votes or very negligible votes were cast. However, the Supreme Court of Pakistan on Sept 17, 2013, set aside the said judgment on technical grounds following which the Election Commission of Pakistan issued notification of the two successful candidates from those two National Assembly constituencies.

Experts believe that amendments should be made in the Representation of Peoples Act 1976 and specific provisions should be included in it for dealing with the issue of disenfranchisement of women. Barring women from casting vote should be declared a penal offence.

They believe that amendments should be made in the RPA and the ECP should be empowered to declare null and void polls in a particular constituency if a specified percentage of women voters do not turn up to cast vote.

Published in Dawn, September 21st , 2015

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