Scrutiny in 65 constituencies: PML-N scoffs at PPP’s idea of vote bag inspection

Inquiry commission will examine PTI witnesses today


Our Correspondent May 05, 2015
Inquiry commission will examine PTI witnesses today. PHOTO: MOHAMMAD NOMAN/EXPRESS

ISLAMABAD: The ruling Pakistan Muslim League-Nawaz (PML-N) on Monday submitted an application before the inquiry commission, opposing the Pakistan Peoples Party (PPP) proposal stipulating inspection of polling bags in 65 constituencies.

The party also presented a reply to a Pakistan Tehreek-e-Insaf (PTI) questionnaire, stating that in 1999 the PML-N was deprived of its constitutional mandate by a military dictator.

PPP’s leading counsel Aitzaz Ahsan while filing an application has requested the tribunal to ascertain the correctness/completeness of record in the polling bags and to draw an inference that there has been rigging if there is a pattern/design to such (alleged) incorrectness/incompleteness.

The inquiry commission will resume hearing on Tuesday (today) during which the PTI witnesses will be examined.

“The returned candidates were not responsible either for the preparation of this record or its custody post-elections. Under section 70 of the Representation of the People Act 1976 (ROPA 1976) the election of even one returned candidate can be declared void only if it is proved that the result of the election was materially affected by reason of the failure of any person (eg returning officer, presiding officer) to comply with the provisions of ROPA 1976 and the 1977 Rules made thereunder,” says the PML-N application, adding, “Aitzaz Ahsan’s submission does not aver that the incorrectness, if any, materially affected the overall result of General Elections 2013 as a whole (or even one individual constituency). There is therefore no factual or foundational base for his proposal.”

The PML-N through its counsel Shahid Hamid further states that if the tribunal is satisfied that such a practice was not committed with the consent or in connivance with the returned candidate then Aitzaz Ahsan’s submission does not aver that the alleged concerted destruction of material/record was at the instance of the PML-N or its candidates.

The application further states that if they suspected that record prepared and maintained by the ECP officials had materially affected the 2013 elections they should have been more vigilant from day one after May 11, 2013.

“The law is not meant to reward the indolent especially when the one year period during which the record was to be maintained has expired. It may be added here that the election petition challenging the result of NA-124 has also been dismissed by the tribunal. The appeal before the Supreme Court is pending,” it adds.

The application also says that record was not with PML-N. “The record was always in the custody of the ECP and its officials. The fact that it is lying in the district treasuries does not mean that it is in the control of the PML-N Punjab government,” it adds.

The application further says that if any such inspection is deemed necessary by the commission, the commission must itself select constituencies from each province and each political party.

Reply to PTI’s questionnaire

Meanwhile, the ruling party while submitting a reply to PTI’s questionnaire says in 1999 the PML-N was deprived of its constitutional mandate by a military dictator, adding that it is an irony of fate that today the PML-N is sought to be deprived of its popular mandate by someone who supported the military dictator in the 2002 referendum.

The PML-N won the 2013 general elections because of its time-tested leadership, its better candidates and its manifesto and programme which had a vastly greater public appeal than that of the PTI or any other party, says the reply.

Published in The Express Tribune, May 5th, 2015.

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