1. Historic and unprecedented Electoral Fraud of 2013
2. Selective Justice and Double Standards
3. Role played by EX-CJP and the ROs
4. Constitutional status of the ECP Historic Electoral Fraud of 2013 Beyond doubt massive rigging took place both in National and Provincial Assembly elections.
The rigging was: Widespread and Extensive: every Constituency or Polling Station opened for investigation unveiled shocking fraud or irregularities
Pre-planned and organized: the fraud was built into the structure of ECP and the Election process
Decisive: The number of fraudulent votes cast outweigh the margin of defeat in investigated Constituencies
PMLN Poor Performance in Punjab 2008-2012 Source 5 th Annual Report 2012, State Economy, Punjab Story by Institute of Public Policy IPP Punjab Pakistan Till 2007 5.6 % 5.4% 2008-2012 2.5% 3.4% GDP Growth Agriculture Growth Punjab Pakistan Till 2007 3.3 % 2.5% 2008-2012 1% 3% Punjab Till 2007 3.3 % 2008-2012 1.4% Employment Growth Primary Net Enrolment Punjab Till 2007 62 % 2008-2012 61% Budget Punjab Till 2007 1 Billion Surplus Budget 2008-2012 83 Billion overdraft Crime Rate Increased 30% in Last 5 Year. FAFEN TOTAL REJECTED VOTES 2002 2008 2013 775,720 973,694 1,502,717 Shocking 64% increase as compared to 2008. Number of rejected votes exceed the margin of victory in 35 out of 266 NA constituencies. Polling Scheme in 93 constituencies were changed after Election schedules announcement. (Many polling station disappeared, relocated and even new PS were installed) Go Slow Policy at the polling station, deprived many people from casting there Votes. Many of the Data Entry operators (UNDP had provided 2 Each to every RO) were given a Day off on polling date. The Documentation of the 16,933 polling station reveal 17,358 irregularities and violation in counting procedures.
Tools of Fraud 1. Fraudulent Balloting and/or Counting: Huge number of votes mysteriously missing Large number of votes cast with invalid CNICs Duplicate votes cast on already used counterfoils Thousands of dubious finger prints Massive Typos in finalized result sheets
2. Selective Justice: PTIs appeals turned down Biased decisions against PTI candidates
3. Pre-poll/Structural Rigging: Formation of Election Commission unconstitutional Judicial Officers were appointed ROs by Ex-CJP Iftikhar M. chaudhary while Justice Fakhurruddin G. Ibrahim, the then Chief Election Commissioner was out of country
13 Constituencies OPENED ALL with Proven Massive Irregularities K P K
NA-256 Karachi (84K votes verification in 69 polling stations only)
Votes count as per Form XVI result by RO 84,748 Verified Votes in all Polling Stations 8% approx. Invalid CNIC Numbers on use counterfoils which were never issued by NADRA. Votes were found not registered in the constituency. 11,343 791 Duplicate votes on used counterfoils 5,839 Counterfoils without finger prints 314 Scanned finger prints failed authentication (someone else voted against this CNIC) 1,950 Counterfoil could not be verified/Recognized by NADRA 57,442 Finger prints authenticated/verified on counterfoils 6,815 Bogus Votes
In 26 polling stations the ballot papers were more than those issued Destroyed PTI Votes In 37 polling stations ballot papers were less than those issued from counterfoil
NA-258 Karachi (32,865 votes verification for certain Polling stations)
Total Ballots Sent to NADRA or verification of certain polling stations 32,865 Verified Votes in all Polling Stations 8% approx. Invalid CNIC Numbers on use counterfoils which were never issued by NADRA. Votes were found not registered in the constituency. 4,680 435 Duplicate voters on use counterfoils 1,404 Counterfoils without finger print 386 Scanned finger prints failed authentication (someone else voted against this CNIC) 53 Counterfoil could not be verified/Recognized by NADRA 23,432 Finger prints authenticated/verified on counterfoils 2,475 8 votes were cast by CNIC (42401-974889-5) Muhammad Swaleheen a resident of Khudi ki Basti, Surjani Town. 11 votes were cast by one CNIC (42501-6587372-7) Muhammad Faizan-ud- Din, a resident of Majeed Colony, Landhi RE-ELECTION CALLED DUE TO MASSIVE RIGGING BY PMLN CANDIDATE
TOTAL VOTES POLLED 169317 COMPLETE: 46118 PARTIAL: 34941 81059 VOTES NO RECORDS FOUND 88258 VOTES 88258 VOTES TOTAL VOTES 169317 VOTES SUMMARY OF VOTES
NA-128 Lahore
Raheel Asghar Patwari appointed at PS- Shahpur Kanjra was caught red handed for stamping ballots in favor of PML-N candidates in NA and PP Patwaries were appointed as the presiding officers Missing Ballot papers are 21,300 Counterfoils of ballot papers without stamp of PO/APO is 2300. PP-147 Lahore Under NA-122 Contested by Imran Khan State of only 6 Polling Stations According to NADRAs officially released report:
Total number of votes in 6 polling bags: 4726 Number of votes found in 6 polling bags: 3768 Votes not found: 958 Invalid CNIC numbers on used counterfoils: 696 Duplicate votes on used counterfoils: 2 Finger prints of bad quality: 1590
CLEARLY: only 1459 votes out of 4726 votes are valid -- which is 30% of the votes cast; remaining 70% are bogus votes.
NA-57 ATTOCK-1 Winning Candidate Sheikh Aftab Ahmed (PML-N) PTI Candidate Malik Amin Aslam
NA-57 is the ONLY constituency where Member Election Commission (Justice Riaz Kiani) first allowed a total RECOUNT of votes on May 13 th
Just after one day the SAME JUDGE, with SAME FACTs and SAME LAW changed his decision and disallowed the recounting of all the votes. The margin between winning and runner-up candidates was 2900 votes AND Rejected votes are 5466. Thus recounting of rejected votes was critical. Rejected votes in Official count sheet Actual votes in the bag 51 0 Rejected votes in Official count sheet Actual votes in the bag 29 21 In the First bag Polling Station # 173 in village Formali In the Second bag Polling Station # 172 in village Formali Note: The Tribunal case of NA57 registered in 2008 is STILL PENDING in 2014 - MOCKERY OF JUSTICE in Tribunals Polling Station-246 Result
Total Listed Votes = 1510 Nawaz Sharif secured = 779
Returning officer sent 7879 votes Total Vote Difference 7100 votes
NA-68 Sargodha Winning Candidate Nawaz Sharif
NA-154 Lodhran PMLNs Sadiq Khan vs. PTIs Mr. Jahangir Tareen
Mr. Tareen was the winner in initial results -- leading massively in more than 200 polling stations. Even independent TV channels had declared him victorious on the election day. Unbelievably in the morning, Mr. Tareen was declared defeated by a margin of 10,000 votes after massive overnight rigging.
NA-154 Lodhran
OPEN VOTE BAG OF NA-154 SHOWING MILDEWED & DAMAGED ELECTION PAPERS/BALLOTS Thumb print verification of the votes cast in the NA-154 constituency still pending EVEN after ALL FORMALITIES COMPLETED SINCE May 11 general elections.
NA-154 Lodhran
Polling Bags Missing 7. Unsealed polling bags 15 More than dozen polling bags had counter files without signature/stamp of POs More than 40 polling bags found with either missing signature/stamp. More than 15 had results not reconciled with the available counter foils. About 40% PS have incomplete results attached. Pre Scan Report by NADRA of 304 polling stations Polling bags were found sealed: 106 Polling bags with broken seals: 127 Polling with no seals at all: 31 Form-XIVs missing from inspected bags: 49 Form-XVs missing from inspected polling bags: 55 Electoral Rolls missing inspected polling bags: 47 Counterfoils missing from inspected polling bags: 27
NA-124 Lahore After the inspection of 264 Polling Bags (ECP acknowledged it in its report)
NA-110 Sialkot PMLNs Khawaja Mohammad Asif vs. PTIs Usman Dar
Since 21-Nov-2013, Mr. Usman Dar has been pleading with the courts for the Election Tribunal to order thumb verification of all votes cast in his constituency.
The Tribunal kept on adjourning the case on the lame excuses. The Tribunal took refuge for delaying his orders till the pending writ petition of Mr. Hamid Zaman NA-118 was decided by the Lahore High Court. The tribunal gave the understanding that whatever the High Court decided in the writ petition, the same would be applicable to Usman Dar Request.
In the meantime, to show efficiency and disposal of the other trivial matters, the tribunal directed Usman Dar to complete his evidence, which was actually not needed. Usman Dar adduced his evidence and his statement was recorded. When the time for cross examination of Mr. Dar came, he had to go abroad in connection with his overseas business engagement. The Tribunal refused to adjourn the case for 2-3 days, so that Usman Dar could appear for cross examination and so the petition was dismissed by an illegal order against, which appeal is still pending before the Supreme Court of Pakistan. FAFEN report: Number of rejected votes exceed the margin of victory in 35 out of 266 NA constituencies.
Of the total of 246,858 votes in question, Punjab accounts for 233,225 (94.5%), K-P 6,462 (2.6%), Sindh 6,317 (2.6%), Fata 580 (0.2%) and ICT 274 (0.1%).
Note: Rejected Votes are used as a tool for rigging in Pakistan. (http://tribune.com.pk/story/674811/fafen-report-major-discrepancies-found-in-may-2013-election-data/) Election Year Total Rejected votes 2002 775,720 2008 973,694 2013 1,502,717 (Shocking and unexplainable increase 64% as compared to 2008) RECORD NUMBER OF VOTES REJECTED FAFEN REPORT SELECTIVE JUSTICE Ghulam Sarwar Khan has been contesting Election against PML-N stalwart Ch. Nisar Ali khan 2002, 2008, 2013. In 2013, He won by big margin of almost 10,000 votes from Ch. Nisar.
In all these aforesaid elections, Ch. Nisar had tried his level best to get Ghulam Sarwar Khan disqualified at various stages; Returning officer, High Court, Supreme Court but failed to so.
In 2013, Mr. Ghulam Sarwar Khan managed to get Ch. Nisar Ali khan disqualified from Returning Officer on the grounds of concealing of assets/Education qualification. However, High Court allowed Ch. Nisar.
After Ghulam Sarwar khan won the General Election 2013, Ch. Nisar Ali Khan made petition to the Election Commission which directed him to pursue this matter before the Election Tribunal which he didnt. Rather, he went straight to the Supreme Court requesting for a Suo-Moto application to get Ghulam Sarwar khan disqualified.
NA-53 Rawalpindi
Ghulam Sarwar Khan (PTI) vs. Ch. Nisar Ali Khan (PMLN) The Supreme Court Registrar rejected Ch. Nisar application because the similar matter was already being heard in Punjab High Court. Being a persistent follower, Ch. Nisar Ali khan went straight to Ex-CJP Iftikhar Chaudhary through his proposer. The Ex-Chief Justice Pakistan Iftikhar Chaudhary immediately issued a notice to Ghulam Sarwar khan and heard the case personally and disqualified Ghulam Sarwar Khan. Which is against the rules for using his Suo Moto powers without notice to the affected party. Petition CMA # 4275 of year 2013
The irony was that the EX-CJP passed two different orders for exactly similar cases on the same date, i.e. 18 th July, 2013. In a similar case, relief was given to respondent Mr. Makhdoom Syed Ali Raza of PML-N but took severe action against Mr. Ghulam Sarwar Khan, an elected PTI MNA. Such high handedness have never been seen in Supreme Courts history. NA-53 For 10 long months elected MNA Mr. Ghulam Sarwar Khan remained suspended (from 18-july-2013 to 3 April, 2014) He was re-instated by a three member bench of Supreme Court but only after the departure of Ex-CJP Iftikhar Chaudhary. A direct order was issued by the ex-CJP to suspend the PTI MNA, bypassing the Election Commission. His directive was addressed to Secretary National Assembly which is unprecedented.
NA-53 Biased Judgment by ex-CJP NA-19 Haripur PTI Winning Candidate: Dr. Raja Aamer Zaman On 17 th May 2013 the runner-up candidate of PML-N Mr. Omer Ayub petitioned before the ECP for recounting of the 45 polling station only, without any notice given to the winning candidate of PTI. The ECP members Justice Rtd. Riaz Kayani and Justice Rtd. Fazl-ur-Rehman ordered the recounting of the entire constituency for 437 polling stations on Friday 17 th May, evening.
Sunday 19 th May to Friday 24 th recounting was done for the all the 437 polling stations and over 290,000 votes. PTI candidate still won in the recounting by a lead of 1304 votes.
PML-N candidate still pursued the matter to Election Tribunal.
The tribunal, out of the blue, ordered and selected seven (7) polling stations without any criterion/reason/yardstick in an arbitrary manner. The petitioner had not even prayed for this relief but the court on its own gave biased relief much beyond the petitioners expectations. The Tribunal stated that there is no finding that the appellant PTI candidate or any other person on his behalf was indulged in any corrupt practice.
In Election Tribunal not a single witness was produced by PMLN candidate regarding bogus voting.
The notables of these seven polling stations were approached by Captain Safdar, son-in-law of Prime Minister Nawaz Sharif, took them to the Prime Minister House to meet up with the N-league leadership including Khwaja Asif, Shahid Khakan Abbasi and Gohar Ayub Khan (father of PMLN candidate Omer Ayub).
The Federal Government immediately sanctioned development schemes for these seven polling stations in total disregard to the Election Rules: 3 transformers and 30 LT poles were brought to PS Ghazi Hamlet, Mohat Sector. Branch lines for Gas for Village Piplala Transformer of 100 KV was installed on 28 th Jan 2014 in Danna Kalinger also a generator for local mosque was provided. Branch lines of Sui gas were also given in Mamral. A local newspaper, Shamal of Hazara carried news that rupees 25K-30K were given to voters to vote for PML-N. Purchasing of votes was also shown in K-2 TV channel. .NA-19 Haripur Due to selected Re-polling on 7 polling station, the winning candidate of PTI was made to loose by a margin of 500 votes.
PTI candidate petitioned the supreme court which was dismissed and the court endorsed that their decision is not approved for reporting in the journal of the Supreme Court.
PTI MNA has gone into review of Supreme Court order which is still pending for final decision. NA-19 Haripur NA-125 Lahore Khawaja Saad Rafique vs. Hamid Khan PTI candidates and their running mates in PP-155 and PP-156 gave their petitions to the election tribunals in July 2013. the main thrust of their petition was to have thumb verification done from NADRA. one month ago, the election tribunal allowed only 7 polling stations (out of 250 plus stations) where thumb impressions got verified from NADRA
ten days ago (Before Eid holidays) a commission has been appointed to undertake/follow the process of thumb verification
Some witnesses have also been examined including ECP member Justice (Retd.) Riaz Kiani Two of the presiding officers deposed that till 2:00 pm on 11 th May 2013, they had not received the polling material Justice (Retd.) Riaz admitted that he had received many complaints in this constituency and the staff in the polling station were too few to discharge their duties The case of NA-125 is not seen to be concluding in the near future in spite of a 14 month lapse. The provision of law of reaching conclusion within 120 days has been flouted by almost all the Election Tribunals
Role Played By EX-CJP & ROs Designation of Judicial Officers as ROs In the absence of the Chief Election Commissioner, the then Acting Chief Election Commissioner requested for Judicial Officers as ROs.
The request was granted within a matter of days while the CEC was still abroad.
This was done against the very principle set by the CJ himself.
FAFEN and other NGOs had vehemently protested this move and had termed it as negative for a fair and transparent election process (Dawn Nov 18, 2012). Unusual Interference The ex-CJ went about the country addressing the ROs, which was contrary to the law and the spirit of a free and fair election process. The unusual interference of the ex-CJ in the entire process, from registration of voters to settlement of post-election petition was all too evident and etched in the annals of our national history. Unanswerable ROs 93 ROs changed a large number of Poling Stations in many constituencies. This is a violation of Peoples Rep Act 1976 as the Polling Stations are bound by law to be notified 15 days prior to the Election Date. The law requires that any such change has to be done with the permission of the ECP only.
120 ROs did not comply with the law of PRA 1976, which requires them to fill out the Form XV. This form carries the total accounted ballot paper used or unused for each PS. The disobeyance of this law is a serious violation and opens the floodgates to rigging and irregularities.
Unanswerable ROs The ROs being judicial officers have returned to their original duties and the Election Commission now seems to have minimum to no influence over them.
The lack of responsibility with which the balloting and counting process was handled is again all too evident.
Selective Justice Relief given to PMLN candidates in the same cases where PTI candidates were heavily penalized
Delays in deciding petitions filed by PTI
Legal Status of the ELECTION COMMISION PAKISTAN The present election commission itself is unconstitutional (formed in violation of Article 213 and 218). RULE: Competing candidates were to be interviewed by the Parliamentary committee, but the candidates were not interviewed. Two days back the ECP said that if PTI members resign, they will conduct fresh elections on those seats. By issuing this statement, the ECP has directly involved itself in the active politics of the country. Members of the present ECP were pre-selected by their sponsors and assigned their present jobs, which is against the Constitution. Conclusions Massive rigging during Election 2013 has been proved beyond reasonable doubt.
The connivance of key officials in the election fraud is established beyond any doubt.
The election were rigged in numerous ways during pre-poll intuitional structuring, actual polling, as well as during the ballot counting/reporting phases.
The systematic selective justice later on has been an icing on the cake of fraudulent elections.
And so, we conclude: any government formed on the basis of a massive election fraud is illegitimate, undemocratic and deserves to be thrown out. Thank You for your Time.