2013 vote inquiry: Commission orders opening of polling bags

District judges directed to obtain copies of Form-15 by June 8.

ISLAMABAD:

The three-judge inquiry commission tasked with investigating alleged rigging in the 2013 parliamentary elections has ordered opening of polling bags to obtain records regarding the use of ballot papers in the last elections.

The commission – headed by Chief Justice Nasirul Mulk – on Wednesday took the decision after an in-camera meeting convened to discuss with attorneys of major political parties options for obtaining copies of Form-15.

Form-15, which is the account of ballot papers collated by the presiding officer (PO), carries statistics about the number of ballot papers entrusted to a PO as well as those taken out from the ballot boxes and counted, besides the number of tendered, challenged and spoilt ballots.

Following the meeting, the commission passed an order to obtain copies of Form-15 from the bags kept at the treasuries on behalf of the Election Commission of Pakistan (ECP).  The commission assigned the task to district judges of the respective districts to obtain copies of Form-15, pertaining to the National Assembly and provincial assemblies’ constituencies by June 8.



The same judges had served as returning officers (ROs) in the last elections and their conduct was criticised by various political parties, including the Pakistan Tehreek-e-Insaf (PTI).

“All the political parties agree the task be assigned to the district judges of the respective districts. They shall obtain copies of Form-15, pertaining to the National Assembly and provincial assembly constituencies falling within their districts.

“In case a constituency spreads over more than one district, the senior [most] of the district judges in the concerned district shall perform the task,” said the order.

The commission said the judicial officers shall be duly assisted in the process by the respective district election commissioners and their staff.

“For this purpose ‘white’, ‘khaki’ and ‘blue’ bags containing the election material may be opened and no other bag be touched. Photo-stat copies of Form-15 for all polling stations be prepared and duly certified by the district judges,” the order said.

The commission asked the district courts judges that the forms for each constituency shall be packed in separate packets before being dispatched to the commission. “In case Form-15 for any polling station is found missing or any seal of the aforementioned bags found broken, it be noted and reported accordingly,” it said.

For tribal areas, the commission assigned the task to the respective political agent in whose territorial jurisdiction a constituency falls, who shall be duly assisted by the concerned agency election commissioner.

Talking to The Express Tribune, PTI’s taskforce chief Ishaq Khakwani appreciated the commission’s order regarding the opening of polling bags.  He said the PO at each polling station prepares Form 14 and Form 15 for each constituency and makes a set of four copies of each form.

He said the first copy of Form 14 and Form 15 is sealed in a tempered evident bag (TEB) and placed in the polling bag while the second copy of Form 14 and Form 15 is sealed in a TEB and is handed over by the PO to the returning officer in person.

“The third copy of the Form 14 and Form 15 is retained by the PO himself. The fourth copy of Form 14 and Form 15 is given to one of the polling agents present at the polling station,” he said.

He said the TEB was introduced for the first time in the 2013 general elections to avoid complaints of tempering/rigging of the results during its journey from the polling station to the RO office.

In the previous hearing on Tuesday, the PTI’s counsel Abdul Hafiz Pirzada proposed that instead of getting the Form 15 from ROs, a local commission should be appointed to procure Form 15 related to National Assembly’s constituencies from treasury of each district.


Published in The Express Tribune, May 28^th, 2015.