Dangerous challenges before ECP
THE Election Commission of Pakistan (ECP) has ordered a forensic audit of the video clips that went viral on social media in which loyalty of voters is reportedly being bought for Ms Shaista Malik, a PML-N candidate for the by-poll in the National Assembly constituency-N A 133.
Taking legal steps, the Returning Officer for NA-133 has written to both the Pakistan Electronic Media Authority and the National Database and Registration Authority for forensic audit of the videos to identify the people seen in the clips.
Chief Election Commissioner of Pakistan took action to watch these videos and on his direction a letter was written and points were raised that long queues of people outside the places where the alleged vote buying spree was going on and the banners and portraits of the candidate can be spotted in the clips, whereas behind the scenes discussions recorded in the clips suggest that voters’ credentials are being noted for buying their votes against the payment of cash.
On the orders of the CEC, the RO has also asked the IG Punjab and Commissioner, Lahore, to identify the people visible in the clips and initiate a strict legal action against them.
The RO also directed that the premises where the vote buying was undertaken should be ascertained for a legal action.
The ECP is empowered to take legal action as per sections 167, 168 and 174 under Election Act 2017 wherein offences, penalties and procedures are indicated and section 9 of Election Act 2017 is more relevant to declare a poll void if the Election Commission is satisfied that by reason of grave illegalities or such violations of the provisions of this Act or the rules as have materially affected the result of the poll.
Another step which is serious in the present scenario is that the foreign funding case against the PTI continues to linger on since November 2014 when it was filed by the party founding member, Akbar S Babar.
Now the Scrutiny Committee has submitted its report in foreign funding case before the ECP around six months after the last deadline was given.
The Scrutiny Committee on the basis of documents provided by both the parties and collected from the State Bank of Pakistan has neither scrutinized the record nor evaluated the evidence from the documents and failed to form a definite opinion, the ECP noted earlier but now the Scrutiny Committee has examined all records in consultation with two high calibre and experienced officers of Audit General Office and it smelled the ECP would fulfil all codal formalities and decision will be on merit and procedures would be open as per judicial ritual.
The PTI legislator Faisal Vawda is in trouble as the ECP gave the last chance to him to explain the concealment of his foreign nationally.
It’s apprehensive that the electoral case would be determined in the light of judgment of Supreme Court of Pakistan about concealment of facts during the submission of nomination papers which are self contained documents.
It’s morale success of the ECP’s writ that Federal Minister, Azam Swati, apologized to the ECP through his lawyer for his tirade against the Election Commission and the Chief Election Commissioner.
The CP has reserved its ruling in a similar case against Fawad Chaudhry, Information Minister, who had earlier apologized to the ECP for his slanderous remarks against the Commission and its chief. The ECP has reserved the case.
The Election Commission of Pakistan had served notices to both the ministers on September 16, seeking explanation within a week from them to clarify their position over the allegations they had levelled against the CEC and the ECP.
In order to maintain objectivity, neutrality, impartiality and maintain the constitutional writ the ECP has to follow the cases of Danyal Aziz, Talal Chaudhry and Nihal Hashmi as per Article 204 of the Election Act 2017 Sections 10 and 232.There are many challenges before the ECP as it confronts this mammoth project.
The experiment with new technology and an unfamiliar process during the previous election RTS ended badly, and major political parties continue to cry foul over the unexplained collapse. The opposition is still reeling from the effects of the controversial 2018 elections.
The EVMs project is introducing layers of technology which involves steps that increase the possibility of error or technology faults .
Software used for polling can also prove vulnerable to manipulation, therefore, EVMs that make the final cut must be made to withstand interference. Nearly all elections in Pakistan history have been open to valid allegations of manipulation or interference.
With a new process of voting being introduced in an electoral process already fraught with problems, the chances of more allegations and chaos will be amplified. Furthermore, the question of how EVMs will be introduced in areas where voter turnout is low will have to be dealt with.
In parts of the country where there is little literacy rate and where electrical awareness is poor will these EVMs discourage voters? The ECP has its task cut out for it as it begins the exercise to deploy these EVMs.
It is crucial for the government to respect the ECP position and give its sincere support to the ECP, something it has thus far failed to do. The government’s disdain for the ECP is no secret.
—The writer is former Secretary Election Commission of Pakistan and currently Chairman National Democratic Foundation.
