With the election fever yet to subside, several of the losing candidates and political parties have been levelling allegations and counter-allegations against their rivals of rigging in polls. In some of the polling stations of a few national and provincial assembly constituencies the Election Commission of Pakistan (ECP) has ordered re-polling.

In several of the places the losing parties have been staging sit-ins and demanding either recounting of votes or re-polling. On daily basis supporters of candidates have been staging protest demonstrations so as to exert pressure on the ECP to accept their demands. Looking at the mood of the candidates and their supporters it is evident that scores of loosing candidates will ultimately move the ECP for filing election petitions against the returned candidates, thus these tribunals have assumed importance.

Section 103AA of the Representation of Peoples Act empowers the ECP to declare a poll void if from facts apparent on the face of the record and after such summary inquiry as it may deem necessary, the commission is satisfied that grave illegalities or violation of the provisions of this Act have taken place. However, the said powers could be exercised by the commission before the expiry of 60 days after publication of the name of returned candidate in the official gazette.

Under Article 225 of the Constitution no election to a House or a provincial assembly shall be called in question except by an election petition presented to such tribunal and in such a manner as may be determined by an Act of Parliament. In accordance with this provision of the Constitution section 52 of the Representation of Peoples Act provides that no election shall be called in question except by an election petition made by a candidate for that election. A candidate is entitled to present an election petition to the ECP within 45 days of the publication in the official gazette of the names of the returned candidates. Following submission of the election petition the ECP entrusts it to the election tribunals for decision.

Looking at the past track record the performance of election tribunals has not been so encouraging. However, one positive aspect of the election tribunals this time is that instead of nominating judges of the high courts as presiding officers of the tribunals the ECP has appointed former judges for this job. In past, it remained a routine practice to appoint judges of the high courts in the tribunals. Major flaw with that practice was that those judges always remained preoccupied with their routine work due to which election petitions could not be decided in time.

For Khyber Pakhtunkhwa the commission has already constituted three election tribunals for deciding post-election disputes under section 57 of the RPO. The three tribunals comprise of former district and sessions judges named Shahjee Rehman Khan, Alamzeb Khan and Qabool Shah.

The tribunal comprising Mr Rehman would decide election petitions related to Peshawar, Malakand, Mardan and Kohat division; Mr Alamzeb Khan would hear cases related to Hazara division; and Mr Qabool Shah would hear petitions of losing candidates of Dera Ismail Khan and Bannu divisions.

For early disposal of cases section 67 (1A) was incorporated in the RPA which has made it mandatory on the election tribunal that it should proceed with the trial of the election petition on day to day basis and the decision thereof shall be taken within four months from its receipt. In past, that provision could not be implemented.

To ensure speedy disposal of the election petitions further amendments were made in the law in Nov 2009, but those also failed to deliver.

Through those amendments the tribunal is now empowered to suspend membership of a lawmaker after serving a show cause notice on a returned candidate when the delay in proceedings is occasioned by any act or omission of the returned candidate.

The said amendment further provides that where a petition is not decided within four months further adjournment sought by any party shall be granted only on payment of special cost of Rs10,000 per adjournment and adjournment shall not be granted for more than three days.

Legal experts believe that as the present tribunals have no other work to do, therefore, it is expected that they would perform well. They believe that for restoring trust of people on the electoral system it was important that these tribunals should effectively perform their functions.