FAFEN asks ECP to audit election results

ISLAMABAD:

The Free and Fair Election Network (Fafen) on Sunday urged the Election Commission of Pakistan (ECP) to scrutinise the results of the constituencies, which had been challenged by political parties and candidates at the appropriate legal forums, using data analytics as well as forensics to “establish the legitimacy” of the outcome of this year’s general polls.

The network recommended that such an audit must include representatives nominated by the political parties concerned as well as independent observers to ensure the transparency and credibility of the process.

In addition, Fafen, while proposing to use a three-stage methodology for the audit of election results, said the ECP should also clarify about the legitimacy of multiple copies of Form-45 that were generated on the polling day as most of the challenges revolved around them and their consolidation.

According to a statement issued by Fafen, the election result audit methodology comprises three stages.

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The first one involves assessing the availability, authentication, completeness and correctness of the election documentation including the result forms, and the consistency of information within them.

The second stage is about ascertaining the material effect of unverified forms on the outcome of the election and taking corrective action.

The third stage involves the determination of the omission or commission and accountability of election officials.

“The post-GE-2024 situation warrants an urgent and prompt response by the Election Commission to ascertain the veracity of the claims of illegalities and irregularities by political parties and candidates,” the statement read.

Fafen added that it was a prerequisite to establish that the results of this year’s general elections truly reflected the will of the people.

The think tank said that it had been advocating since 2013 that the ECP should conduct a scrutiny of the results of all constituencies before issuing the notification of the winners in an effort to strengthen the integrity of electoral outcomes and to minimise the post-polls disputes that linger on in election tribunals beyond legally stipulated deadlines.

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Under the Election Act, 2017 and corresponding rules, Fafen pointed out there are multiple copies of Form 45.

It noted that the first copy sealed by the presiding officer in a temper-evident bag was placed in the pack of the election material.

The second copy was the picture of the Form 45 transmitted by the presiding officer to the returning officer through a mobile application.

The third one was the original copy sealed in a temper-evident bag by the presiding officer for physically delivering it to the returning officer.

In addition, it said that the fourth copy was the one that was affixed by the presiding officer outside the polling station

The fifth copy was retained by the presiding officer for their own record.

The sixth one was sealed in a temper-evident bag by the presiding officer for handing it over to the district election commissioner.

The seventh copy was the one given by the presiding officer to the polling agents at the polling stations. Finally, the eighth copy was given by the presiding officer to the observer.

“The Elections Act, 2017 does not establish which copy will be considered legal in case the available and produced copies are different and duly signed and there is a dispute,” Fafen noted.

The network’s proposed audit is a technical investigation purely based on physical evidence i.e. official election documentation available with the ECP under Section 99 of the Elections Act, 2017.