ISLAMABAD: A controversial overnight order issued by President Mamnoon Hussain to alter the procedure for elections on Senate seats from the Federally Administered Tribal Areas (Fata) forced a baffled Election Commission of Pakistan (ECP) to indefinitely postpone elections on the four seats.

Members of the National Assembly from Fata reached the Parliament House which had been declared the polling station for elections on Senate seats from Islamabad and Fata, where they were told by the returning officer, Usman Ali, that polling will not take place, sparking a protest by the members of National Assembly from Fata.

Dawn has learnt that six of the total 11 MNAs from Fata wanted to vote under the old procedure while some others wanted polling under the new procedure. What was all the more confusing for the RO was the vague nature of the presidential order.

Usman Ali sent a communication in black and white to the ECP, which failed to promptly act and assert itself by reversing the order issued hours before polling and days after the schedule of the elections had been issued.

Appearing hapless and helpless, said critics, the ECP avoided taking a decision and finally decided to seek the opinion of the government which had created the mess in the first place.

Chief Election Commissioner Justice (retd) Sardar Muhammad Raza Khan after discussing the matter for hours, decided to seek the opinion of the ministry of law — something experts described as ridiculous.

Many pointed out that the commission should have taken a decision on the validity of the order and not turned to the government.

Though Article 59 (1) (b) of the Constitution empowers the president to prescribe the manner to elect the eight senators from Fata, the timing of the decision and the apparent flaws in the order took many by surprise. The order was issued by the president less than 12 hours before the election was to begin.

The order has practically limited the scope of the election to four seats, which are to be open to candidates from South and North Waziristan, Kurram and Khyber agencies.

This has been done by turning the eight agencies into eight Senate constituencies – South Waziristan Agency, North Waziristan Agency, Kurram Agency, Khyber Agency, Orakzai Agency, Mohmand Agency, Bajaur Agency and Frontier Regions.

Since the four sitting senators due to retire in 2018 are from Mohmand, Bajaur and Orakzai agencies and Tank (FR), the order says that the race has been restricted to candidates from South and North Waziristan, Kurram and Khyber agencies. This means that if any candidate in the race is from Mohmand, Bajuar, Orakzai or Tank (FR) stands disqualified.

Some 36 candidates from different parts of Fata are in the run and the last-minute change in the criterion means that many of them are out of the race, at a time when their nomination papers had already been accepted.

This however is not the only confusion.How the voting is to take place under the order also is not clear.

Under the old procedure, 12 MNAs from Fata used to elect senators by making four choices, which were marked in order of preference on the ballot paper. Under the controversial order, it is not clear if the MNAs will vote once for one person or in order of preference. Nothing has been explained as to how their votes will be divided to elect four Senators.

At the moment there are 11 MNAs from Fata who are to elect four Senators.

“Suppose all the MNAs cast vote in favour of 11 different candidates, who will win”, an expert on electoral laws asked.

The order was challenged by the MNAs from Fata in the Islamabad High Court, but no relief was provided. A pro bono publico also filed a petition against the order with the Supreme Court. This order also earned flak from the opposition.

Leader of the Opposition in the National Assembly Syed Khurhseed Shah told reporters that no one would accept an order issued in the “darkness of the night”. He termed it tantamount to horse-trading and violation of the constitution.

He said the order issued hours before polling was alarming and confusing, warning that no one knew how and how many votes were to be cast. He warned that the move would prove dangerous for democracy.

JUI (F) Chief Maulana Fazlur Rahman said that questions were being raised over the Presidential Order, though he refused to comment further.

ANP leader Zahid Khan termed the ECP responsible for the state of confusion. He termed the order as rigging and added that the ECP was also responsible for all that happened in the KP and warned that his party may demand the Chief Election Commi­ssioner’s resignation if action was not taken.

Published in Dawn, March 6th, 2015

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