The Free and Fair Election Network (FAFEN) has published a complete report on the performance of election tribunals throughout Pakistan. According to the study, the report discloses considerable lateness and incompetence in handling election petitions. This indicates a few tribunals’ inaction, especially in Punjab. These findings make it doubtful whether those courts could solve electoral disputes within the legally prescribed timeframe.
Reviewing Tribunal Performance FAFEN Report
The study notes that 23 election petition tribunals have been set up nationwide. However, just 11 have tried to resolve cases promptly, leaving many pending ones behind them. Only 25 of 377 filed petitions have been disposed of, four belonging to the National Assembly, while the remaining 21 were from different provincial assembly constituencies. This slow rate at. Which such matters are being dealt with raises concerns about their efficiency and possible legal implications associated with delayed justice.
Inactive Tribunals in Punjab FAFEN Report
This report’s findings point out an alarming situation prevailing around six out of eight dormant tribunals in the Punjab province alone.
The largest caseload volume remains unattended, with 157 election petitions awaiting disposal. These critical cases remain unresolved because the panels did nothing about them after filing them. FAFEN’s observation also notes that only 226 copies of these petitions have been obtained. Additionally, the cause list could not be traced for 44 other applications, showing no progress
. Undermining the electoral process erodes public confidence in the judiciary’s capacity to handle poll-related disputes.
Legal Framework & Time Constraints FAFEN Report
Among key issues FAFEN raises is the lazy approach some tribunals display towards meeting statutory deadlines for determining election petitions. As per law, candidates must file their claims within forty-five days following the announcement of results. A hearing should be concluded within six months of filing. However, this report says that some panels show panels cause many such appeals to exceed these 180 days, further violating them. This delay becomes more serious because the period had already been extended in August 2023 when Parliament increased it from 120 days to 180 days. Hence, the inability to meet the new deadline raises doubt over the court’s capability to deliver timely justice.
Factors Behind Tribunal Inactivity FAFEN Report
According to FAFEN, the report highlights several factors behind tribunal inactivity, especially in Punjab province. These factors include prolonged legal interpretative differences between the Election Commission of Pakistan (ECP) the Lahore High Court and other related bodies. These issues have led to delays in appointing members and managing day-to-day affairs.
Election Commission Fails to be Transparent FAFEN Report
According to the FAFEN report, one of the most important issues is that the Election Commission of Pakistan (ECP) has yet to share how many election petitions were filed with tribunals and a breakdown for each. The report states that this lack of transparency by ECP makes it hard to monitor cases’ progress or evaluate tribunals’ performance. This only complicates matters further since stakeholders cannot know the extent of the delay or specific difficulties faced.
Background: Tribunal Performances in Past Polls
The study also provides a historical context of the electoral justice system’s functions through election petition tribunals in Pakistan. After the 2013 general elections, 14 tribunals handled 385 petitions, managing many cases within the set time limits despite obstacles. However, the situation has deteriorated recently. The document suggests that, following the 2018 polls, where 20 tribunals dealt with 300 complaints, much work remains to be done in addressing these issues. Their declining effectiveness year upon year signifies an urgent need for quick action towards streamlining so efficiency can improve.
Synopsis FAFEN Report
FAFEN’s report on the election tribunal depicts a rather grim situation prevailing across Pakistan.
The slow pace at which they resolve cases, particularly at the Punjab-based base, could destabilize the entire legal framework for ensuring fair play during elections. The paper urges immediate action to address the legal bottlenecks in administrative systems around these bodies. It insists that all relevant parties ensure that petitions are disposed of within the prescribed period. Failure to do so could erode public trust in the fairness of the electoral process and undermine the democratic values upheld by the judiciary.
