Finally Perception failed terriblyWhen confronted with Reality
Some extracts from JC report
1. When
the entire context of the elections are considered along with the meaning of
overall basis, despite some lapses by the ECP it cannot be said on the evidence
before the Commission that on an overall basis the elections were not a true
and fair reflection of the mandate given by the electorate. P236/7
2. In
the end the Commission decided that although the word, "fair" is
generally subjective as everybody has their own view of what is fair or not the
Commission decided to take the objective view in that it would look at all the
evidence in a holistic manner and then determine whether or not the general
elections 2013 were organized and conducted in a fair manner. P210
3.
Excess ballot fiasco
Significantly according to the evidence of
Mr. Mehboob Anwar (PTI-CW-3) who was the PEC for Punjab other parties also
defeated the PML(N) in areas where there was a large percentage of excess
ballots in the Punjab for example NA 51 and NA 150 which had large No.s of
excess ballots were won by the PTI. Hence, there appeared to be no particular
nexus between large No's of excess ballots and the PML (N) exclusively winning
such seats. P180
4.
The following table shows the excess percentage
of ballots worked out in the previous elections since 1970 elections:
1970
23.60%
1985
21.97%
1988
18.94%
1990
14.83%
1993
3.27% P 171/2
1997
9.05%
2002
7.78%
2008
6.95%
2013
6.89%
5.
Karachi
In Karachi despite the Order of the Hon'ble
Sindh High Court dated 29-4-13 (EX MQM (H) CW 1/2) and direction from the CEC
dated 9-5-2013 (EX MQM (H) CW 1/3) it seemed that Mr.
Afaq Ahmed, the leader of the MQM (H), was
not able to effectively carry out his election campaign on behalf of his Party and
as per un rebutted evidence he was
effectively under house arrest during
the electoral process. The CEC should at least have made sure that his
direction was implemented or perhaps due to the weak reporting structure as indicated below this
was never brought to his attention. P220
6.
The fact that neither orders from the Sindh High
Court nor the CEC in connection with
allowing Afaq Ahmed the head of MQM(H) to campaign were implemented are
particularly troubling and the ECP and the administration should ensure that no
such situation arises in the future by ensuring that its orders are strictly
implemented.
P202
7.
Form 15 & 14
It was incumbent on the RO to ensure that a
sealed packet allegedly containing a Form XV was placed in the polling bag at
the time it was sent to the treasury or otherwise at least make a note that it
was missing. Even otherwise the Form XV's
like the Form XIV's in a number of cases had not been fully completed in
accordance with the relevant legal requirements. P 219
8.
KPK election record & gapes
CW 3 Pir Bakhsh Shah DRO and RO NA 34 Lower
Dir stated that when the polling bags were returned by the PO after polling It was a chaotic/dooms day scenario
on polling day as all
the polling material came in from the
polling stations and there were 308 Polling stations in NA 34 for which he had
to prepare separate polling bags. He assigned the various functions to
different judicial officers as he had judicial work to deal with at the same
time. None of the 300 packing invoices had the signature of the PO's. In such a
scenario one can readily understand why forms were not filled out, or
incorrectly filled out or even misplaced. Likewise CW 7 Sajjad Hussain Sindher
stated that he had to rely on team work to enable him to fulfill his duties as
could not be expected to check everything himself. P 218
9.
FAFEEN Darama
He confirmed that TDEA's funding came from
USA, UK and EU and that FAFEN was not a registered body in Pakistan. With regard to TDEA it had not as yet paid
tax for 2014 as it had requested for an extension. P65
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