ISLAMABAD: Thousands of opposition supporters held a rally in Islamabad on Sunday protesting against alleged rigging in last year's general election, amid simmering tensions between the government and army.
The demonstration was led by Imran Khan as well as Tahir ul Qadri, who held an anti-corruption march last year prior to the May 2013 election that saw the country's first democratic handover of power.
An estimated crowd came from around the country, particularly from Khyber-Pakhtunkhwa which Khan's party governs as well as from the populous Punjab to demonstrate in front of parliament.
Addressing the protestors, Khan lashed out at the government for its alleged role in rigging the 2013 parliamentary elections, disputing the outcome in four constituencies. He also called for the election commission to resign, and railed against power shortages and inflation.
Sharif's Pakistan Muslim League-Noon swept to power last year with 190 of the parliament's 342 seats, while the Pakistan Peoples Party (PPP) came second with 45 seats.
Khan's Pakistan Tehreek Insaaf (PTI) trailed in third with 34 seats and the four contested constituencies would not have affected the overall election result.
"We demand the election commission to immediately resign because the nation has no confidence in them," Khan said.
"The government has accused me of attempting to derail democracy, but how can it claim of democracy with a fake mandate?" he added, to roars of approval and applause.
Supporters meanwhile waved flags and chanted "Who will save Pakistan? Imran Khan, Imran Khan!" amid a charged atmosphere.
Both Khan and Qadri have backed the military in its push to shut down Geo News, after it aired allegations accusing the inter services intelligence (ISI) of attempting to assassinate journalist Hamid Mir.
Writing in English-daily The Express Tribune, analyst Raza Rumi said the timing of the protest was suspicious.
"In the first place, why wait a year to challenge the election results? Why form a government in a province, become part of the assemblies, and then choose the street agitation route?" he said.
However, the fervour and optimism that drove the elections soon faded away, when rigging allegations made headlines and electoral irregularities marred the country’s democratic transition.
During the first year of the government, however, it seems like the electoral process is not yet complete as the country witnessed massive by-elections and minimal decisive action by election tribunals.
The Election Commission of Pakistan (ECP), the body that supervises election matters in the country, set up post-election tribunals comprising retired judges of the high courts to hear poll complaints.
It received a staggering 435 complaints. The commission decided around 30 cases on its own through summary trials.
The remaining complaints were referred to 14 tribunals – five of them set up for Punjab and three each in the remaining three provinces. These tribunals were supposed to decide a case within 120 days of receiving it, yet dozens of cases are still pending.
According to the latest statistics provided by the ECP, the tribunals have announced decisions in around 300 cases in one year. Of the 100 pending cases are some high-profile ones, including the four constituencies in Lahore challenged by Imran Khan’s Pakistan Tehreek-e-Insaf.
The tribunals sent 32 cases to the National Database and Registration Authority (NADRA) for voters’ thumbprint verification. NADRA reported back on around 20 constituencies, while the rest are still pending.
Even though their progress is slow, the ex-judges’ tribunals and the thumbprint verification process is a step in the right direction. The tribunals so far have found grave anomalies in many cases and ordered a re-poll in around two dozen constituencies, both in the National Assembly and the provincial assemblies.
With outdated laws and the government’s reluctance to make the ECP an autonomous body, the procedural framework exercised by the commission has become obsolete, leaving ample opportunities for irregularities.
A report recently released by FAFEN, a non-governmental body that observes elections, revealed that as many as 71,397 irregularities and violations of electoral processes were observed on 38,274 polling stations across 263 National Assembly constituencies on Election Day.
The ECP relies on the lower judiciary and government servants, mostly teachers, to supervise the elections. Based on their local political affiliations, starting from their own appointment procedure when they join government service, these officials never work impartially nor do they bother to follow any ECP code of conduct and prescribed procedures.
The challenge could be overcome. ECP needs a pool of some 1,000-1,500 credible government officers to serve as returning officers (RO), enough for the entire electoral exercise. These officials could be given training on electoral laws and procedures to supervise the polls.
This can save the ECP from the embarrassment it faced during the May 11, 2013 polls when the ROs, instead of judging the qualification of candidates, focused on their knowledge of Islam.
Ironically, a number of complaints came up against the ROs and polling staff throughout the country, but the ECP did not take action against even a single official.
Moreover, the commission is without a chief since July last year. The Supreme Court had given the government till March 19 to appoint a Chief Election Commissioner. But neither the Pakistan Muslim League-Nawaz government nor the former ruling party Pakistan Peoples Party, in opposition now, seem to be in no hurry to fill the important slot.
Outdated laws
According to the law, campaigning stops 72 hours before polling day. Candidates and their supporters are barred from setting up camps within a 400-metre radius from the polling stations. And those who violate this ban have to pay a meagre Rs1,000 in fines.
Inside the polling station, the political agent of any of the candidate can challenge the authenticity of a voter. He can contest his case with the presiding officer who has first class magistrate powers and can decide a case through a summary trial on the spot, undermining the electoral process.
There is also a need to reform the laws related to political finance. Under the existing laws, the ECP acts as a mere post office and publishes the assets of the elected representatives and political parties every year without any verification.
By Irfan Ghauri. Published in The Express Tribune, May 11th, 2014.
http://tribune.com.pk/story/706933/may-11-elections-a-year-after-polls-tribunals-wade-through-complaints/
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