EDITORIAL: More than 14 months after the general elections, a substantial number of electoral disputes remain unresolved, raising questions about the capacity/impartiality of the Election Commission of Pakistan (ECP). Under the law, the election tribunals are to decide petitions challenging results notified by the ECP within 180 days – 120 days until August 2013 when the period was extended via an amendment.
Long past that period, a significant segment of such contentious issues has yet to be settled. A recent report by the Free and Fair Election Network (Fafen) has highlighted some disquieting statistics, deepening concerns about the present state of affairs.
As per this report, between February 1 and April 20 of the current year, election tribunals decided just 24 petitions related to the 2024 general elections, bringing the total number of decided matters to 136, which comes to just 36.5 percent of a total of 372 cases awaiting resolution. Of these, 26 percent are about seats in the National Assembly and 42 percent pertain to provincial assemblies.
This probably is the biggest amount ever of legal contestations regarding national elections. Yet for some unexplained reason the number of election tribunals this time has been far fewer than for the previous elections. If that is not bad enough, most of the existing ones have remained dysfunctional for one reason or another.
Unsurprisingly, the largest group of petitioners, 55 percent of the total, belongs to the main opposition party, the PTI, though they were registered as independent candidates due to a situation created by the ECP. No surprise either that the largest number of returned candidates making the largest group of defendants, with 39 percent of the petitions challenging their victory, are affiliated with the ruling PML-N, followed by PTI-backed candidates (16 percent), PPP and MQM-P (13 percent, each), JUI-F (5 percent) and unaffiliated independents (6 percent). The bulk of the 51 cases filed against the dismissal of election petitions were moved by PTI-backed independent candidates; most of them are now pending in the apex court.
These unresolved disputes coupled with denial to the major opposition party its legitimate share of seats in the Senate as well as reserved seats in the national and provincial assemblies cast a dark shadow on institutional legitimacy.
The least the principal political players need to do at this point in time is to send home the controversial ECP chief who has already completed his term, and appoint through the constitutionally prescribed consultation route a person having the trust of both the ruling coalition itself and Leader of the Opposition in the National Assembly. The issues and concerns of intensifying political polarisation need to be addressed in a fair and transparent manner, lending strength to the democratic process and, by the same measure, public confidence in it.
Copyright Business Recorder, 2025