FAFEN’s 3rd UPDATE ON ELECTION TRIBUNALS

ONLY 11 PERCENT PETITIONS DECIDED SO FAR

ISLAMABAD, October 11, 2024: The Free and Fair Election Network (FAFEN) is systematically tracking the election results disputes being heard by Election Tribunals. As of October 10, 2024, the Election Tribunals have disposed of 40 petitions of the 334 for which FAFEN has complete data. FAFEN has identified a total of 377 petitions but could not obtain full information on 43 petitions in Punjab.

Legally, the tribunals are required to dispose of all petitions within 180 days of filing, subject to the time spent resolving objections on petitions. However, this legally preferred deadline has already lapsed for many petitions.

The Election Commission of Pakistan (ECP) recently notified eight election tribunals in Punjab after a prolonged legal disagreement with the Lahore High Court, but these tribunals have yet to commence proceedings. The slow pace of disposals in other provinces, coupled with the late start of tribunals in Punjab, makes it unlikely that all pending petitions will be resolved soon.

Of the 40 disposed of petitions, four pertained to National Assembly seats, while the remaining 36 related to Provincial Assembly seats. Regionally, Balochistan tribunals have disposed of more than half of their petitions (28 out of 51), Khyber Pakhtunkhwa (KP) tribunals have resolved 10 percent (four out of 42), and Sindh tribunals have resolved seven percent (six out of 83). In Punjab, only two out of 155 petitions have been decided, and none of the three petitions from Islamabad Capital Territory (ICT) have been resolved.

With the exception of two tribunals in Balochistan, no tribunal has rendered a verdict of any petition after a full trial. Most of the petitions have been dismissed on technical grounds. Regarding the National Assembly, two petitions from Sindh and one each from Balochistan and KP have been resolved. For Provincial Assemblies, 27 petitions from Balochistan, four from Sindh, three from KP, and two from Punjab have been resolved.

Of the 40 disposed petitions, three were accepted, and 37 were dismissed. The three accepted petitions were filed by losing candidates for the Provincial Assembly seats in Balochistan – two by Jamiat Ulema-e-Islam Pakistan (JUIP) and one by a National Party (NP) candidate. These petitions were filed against winning candidates from the Pakistan Peoples Party Parliamentarian (PPPP) and Balochistan Awami Party (BAP). In all three cases, repolling in specific polling stations was ordered.

Among the 37 dismissed petitions, 11 were deemed non-maintainable due to non-compliance of mandatory legal requirement in filing the election petitions, 15 were dismissed for lack of evidence, seven were withdrawn by the petitioners, two were dismissed for non-prosecution, and the reasons for two could not be determined due to unavailable judgments.

Of the dismissed petitions, 11 were filed by PPPP candidates, seven by unaffiliated independents, three each by JUIP and NP, two each by independent candidates backed by Pakistan Tehreek-e-Insaf (PTI) and Jamat-e-Islami Pakistan (JIP), and one each by Awami National Party (ANP), BAP, Balochistan National Party (BNP), Balochistan National Party Awami (BNPA), Grand Democratic Alliance (GDA), Hazara Democratic Party (HDP), Jamhoori Wattan Party (JWP), Pakistan Muslim League-Nawaz (PMLN), and Pakhtunkhwa Milli Awami Party (PKMAP).

Among the dismissed petitions, nine each were filed against returned candidates of PMLN and PPPP, six against PTI-backed independents, four against JUIP, three against unaffiliated independents, two against NP, and one each against returned candidates from BNPA, BNP, Muttahida Qaumi Movement Pakistan (MQMP), and BAP.

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