ISLAMABAD: At least 377 election petitions challenging the outcomes of as many National and Provincial Assembly constituencies have been filed in 23 election tribunals appointed by the Election Commission of Pakistan (ECP), according to the post-election observation by the Free and Fair Election Network (Fafen).

According to Section 140 of the Elections Act, 2017, the ECP appointed 17 tribunals — two in Punjab, six in Khyber Pakhtunkhwa (KP), five in Sindh, three in Balochistan and one in Islamabad Capital Territory (ICT).

However, six tribunals in Punjab were appointed by the Lahore High Court (LHC) and notified by its Chief Justice on June 12, following a single-member bench ruling that the ECP was legally bound to notify the tribunals in consultation with the chief justice.

Moreover, the Islamabad High Court also stayed the notification of two tribunals, appointed by the ECP to be headed by the retired judges as per a Presidential Ordinance promulgated on May 27, amending Elections Act, 2017 to provide for the appointment of retired judges as the heads of tribunals.

PTI files 46pc of election petitions

The ECP has challenged the appointment of tribunals by LHC in the Supreme Court, which has referred the matter to a larger bench.

Fafen is observing the post-election dispute processes including the election tribunals. Although the ECP adopted transparency measures during delimitation and other electoral processes, the ECP and tribunals have not yet disclosed the number and the ancillary details of the petitions.

Fafen largely relied on information available through the cause lists on the websites of high courts to gather the number of the petitions submitted, and subsequently obtained their certified copies.

Fafen could gather information about a total of 377 petitions filed with the 23 election tribunals, but could only obtain certified copies of 171 — 43 from Punjab tribunals, 58 from Sindh, 40 from KP, 32 from Balochistan and three from the ICT tribunal.

Among these, 50 petitions have challenged the election outcome of National Assembly constituencies — 13 in Punjab, 18 in Sindh, nine in KP, seven in Balochistan and three in ICT.

Additionally, 121 petitions challenge the results of Provincial Assembly constituencies — 30 in Punjab, 35 in Sindh, 31 in KP and 25 in Balochistan. Although the available data of petition copies obtained by Fafen is not exhaustive, it highlights that the majority of these 171 petitions filed with the tribunals are from petitioner candidates belonging to Pakistan Tehreek-i-Insaf (PTI), who ran as independents during general elections.

PTI-backed independent candidates are petitioners in 46 per cent of these 171 petitions, followed by Jamiat Ulema-e-Islam Pakistan (JUIP) 13pc, Pakistan Peoples Party Parliamentarians (PPPP) 9pc, Pakistan Muslim League-Nawaz (PML-N) 8pc, independents 7pc and Grand Democratic Alliance (GDA) 4pc of the petitions.

Candidates from Jamat-i-Islami (JI), Awami National Party (ANP) and National Party (NP) each represent two percent of the constituencies where these petitions were filed. Candidates belonging to Hazara Democratic Party (HDP) and National Democratic Movement (NDM) have filed petitions in two constituencies each. region-wise analysis shows that PTI-backed independent candidates have more share in challenges to constituencies, with all challenges to ICT constituencies originating from them.

Similarly, 74pc such petitions in Punjab, 49pc in KP, 42pc in Sindh, and 6pc in Balochistan have been filed by PTI-backed independent candidates.

JUIP accounts for 25pc challenges in Balochistan, 17pc in Sindh and 16pc in KP. PPPP candidates are petitioners in 17pc of challenges in Sindh, 13pc in Balochistan, 7pc in KP and 2pc in Punjab.

PMLN candidates have filed 19pc of challenges in Punjab, 6pc in Balochistan and 4pc in KP.

Nearly all political parties in Balochistan have challenged one or more National and Provincial Assembly constituencies in the province.

The share of JI and GDA challenges to constituencies in Sindh stands at 12pc and 7pc, respectively.

Published in Dawn, June 21st, 2024