Tribunals disposes of only 7% election petitions so far: FAFEN report

The Free and Fair Election Network (FAFEN), an NGO, has released a report highlighting significant delays in the performance of election tribunals across Pakistan, reported 24NewsHD TV channel.

The report, published on Monday, reveals that only 25 out of the 377 election petitions filed have been resolved as of August 17, 2024, representing a mere seven percent of the total.

This slow progress has raised concerns about the effectiveness and efficiency of the tribunals, particularly in Punjab, where six of the tribunals remain inactive.

FAFEN's systematic tracking of election petitions filed with 23 election tribunals shows that of the 25 disposed cases, four were related to National Assembly (NA) constituencies, while 21 were associated with Provincial Assembly (PA) constituencies.

With six tribunals in Punjab province still inactive, this slow pace may result in multiple petitions lingering beyond the legal deadline of 180 days from the date of their filing.

 Legally, the Election Commission of Pakistan (ECP) is bound to publish in the official Gazette the names of the returned candidate (candidate with the highest number of votes) and all other contesting candidates along with the number of votes obtained by them (section 98 of the Elections Act, 2017).

 Any losing candidate can file petition within 45 days of the gazette notification of the returned candidate (section 142) and each petition shall be decided within 180 days of its filing (section 148).

Through amendments to the Elections Act, 2017, enacted in August 2023, Parliament extended the time limit for the disposal of election petitions from 120 days to 180 days from the date of their filing.

The amendments also introduced measures to expedite the disposal of petitions by capping the maximum duration of stay orders issued by higher courts in such cases to six months.

However, the FAFEN report noted that the ongoing operations of the tribunals, particularly in Punjab, has not been reflecting the spirit of the law, due to multiple factors, including prolonged legal interpretational differences between the Election Commission of Pakistan (ECP) and the Lahore High Court (LHC) regarding the notification of six tribunals in the province, which has rendered them dysfunctional.

In August 2023, Parliament passed amendments to the Elections Act, 2017, which extended the time limit for disposing of election petitions from 120 days to 180 days. The amendments also aimed to speed up the resolution of petitions by limiting the duration of stay orders issued by higher courts in such cases to a maximum of six months.

 However, the FAFEN report noted that the ongoing operations of the tribunals, especially in Punjab, have not aligned with the law's intent. Several factors contribute to this, including prolonged legal interpretational differences between the Election Commission of Pakistan (ECP) and the Lahore High Court (LHC) regarding the notification and activation of six tribunals in the province.

This has resulted in these tribunals becoming dysfunctional, further delaying the resolution of pending cases.

 The report underscores the need for urgent reforms and better coordination between the judiciary and the election commission to ensure timely justice in electoral disputes.