Only 17% of election pleas decided in 9 months

Between October 10 and November 15, election tribunals across Pakistan decided another 20 petitions, bringing the total of decided petitions to 60, or 17% of the 337 election results disputes systematically tracked by the Free and Fair Election Network (Fafen).

However, seven of the 23 tribunals have yet to decide any petitions.

In its fourth update on the election tribunal issued on Sunday, Fafen identified and tracked 350 out of 377 petitions filed with the 23 tribunals.

While there is marginal improvement in the pace of petition disposal over the past one month, tribunals in Punjab, Sindh and Khyber Pakhtunkhwa (K-P) continue to lag varyingly behind those in Balochistan.

The three tribunals in Balochistan have disposed of 30 out of 51 results disputes (60%). In contrast, the six K-P tribunals have decided only eight out of 42 petitions (19%), while the five Sindh tribunals have disposed of a mere 12 out of 83 petitions (14%).

Punjab tribunals, which faced delays in their establishment due to interpretational differences between the Lahore High Court (LHC) and the Election Commission of Pakistan (ECP), have resolved only 10 out of 155 petitions (6%).

Despite the notification of their establishment, four out of eight tribunals in Punjab, comprising retired judges, have yet to commence hearings. Similarly, three pending petitions in the Islamabad Capital Territory (ICT) tribunal await ECP decisions on transfer applications filed by the defendants.

According to Fafen, the majority of petitions decided thus far concern disputes over provincial assembly constituencies. Of the 51 disputes decided on provincial seats, 29 relate to the Balochistan Assembly, nine to the Sindh Assembly, seven to the Punjab Assembly and six to the K-P Assembly.

In comparison, only nine petitions on National Assembly (NA) constituencies have been decided, with three each in Punjab and Sindh, two in the K-P and one in Balochistan.

"Overall, 21% of 239 petitions on provincial constituencies have been decided so far. On the other hand, only 9% of 111 petitions on NA constituencies have been decided," it said.

It said an overwhelming majority of petitions decided so far were dismissed by tribunals. Of the 60 decided petitions, 56 were dismissed, three were accepted, and one was abated due to the death of the petitioner.

Of 56 dismissed petitions, as many as 22 were dismissed on the grounds of non-maintainability, eight were withdrawn by the petitioners, and five were dismissed due to non-prosecution.

The tribunals rejected 16 petitions following a full trial. "Fafen has yet to ascertain the reasons for the dismissal of remaining five petitions due to unavailability of the copies of respective judgements. All petitions decided on NA constituencies have been dismissed," it said.