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Pakistan Reader# 757, 24 April 2024

Fafen Report on By-elections: Four Major Takeaways



The report revealed that approximately 36 per cent of the registered voters cast their votes in the by-elections.

Rohini Reenum

 
On 23 April, the Free and Fair Election Network (Fafen) released a report titled “By-election Observation” on the recently concluded by-elections that took place on 21 April. The by-polls were held on 21 national and provincial assembly seats- five vacant seats of the National Assembly, 12 of the Punjab Assembly, and two each of the Khyber Pakhtunkhwa and Balochistan legislatures. The by-elections were marred by accusations of “record rigging” by the PTI, the Pakistan Telecommunication Authority’s decision to suspend cellular services temporarily in specific districts of Punjab and Balochistan and multiple incidents of violence. Here are four major takeaways from the Fafen report:

1. The low voter turnout as compared to the 8 February general elections.
The report revealed that approximately 36 per cent of the registered voters cast their votes in the by-elections. The voter turnout in 18 of these constituencies was approximately 9 per cent less than the turnout in the February 2024 general elections. Despite the addition of 75,640 registered voters to the list- out of which 37,684 were men and 37,956 women- votes polled by men and women declined by 9 per cent and 12 per cent respectively. The sharpest decline was observed in Lahore’s five constituencies. In contrast, there was increase in voter turnout in the Gujrat and Khuzdar constituencies.

2. Some procedural irregularities.
The observers reported several violations of Section 177 of the Elections Act, 2017 which forbids canvassing in or near a polling station and omissions in issuance of ballot papers. According to reports by Fafen observers, there was presence of candidates’ flags or banners in close proximity to 48 per cent polling stations, these flags or banners were affixed on the walls in 21 per cent of the polling stations, candidates’ or party-supported vehicles transporting voters outside 36 percent of the observed polling stations, presence of campaign materials in approximately five percent of the observed polling stations and party camps around polling stations in 59 percent of the observed station. The observers also reported “instances of omissions in ballot issuance requirements by Assistant Presiding Officers (APOs) from around 14 per cent of the observed polling stations.” Omissions like the lack of official stamp and signature on the back of ballot paper leads to the exclusion of the ballot paper from the count making the vote invalid.

3. The lack of transparency in the counting process. 
The report states that the counting took place in a “conducive environment” – security staff was present at 67 per cent of the polling stations; 72 per cent of the observed polling stations witnessed the presence of the candidates, their election agents or polling agents and in 93 percent of the observed polling stations, the counting process was visible to the candidates. The lack of transparency was reflected in the Presiding Officers not providing the copy of the Result of the Count (Form-45) to the candidates or their agents (at 18 per cent of the polling stations) and to the observers (at 34 percent of the polling stations); the copy of Form 45 not being posted outside the polling station building at 35 percent of the observed polling stations; and the Ballot Paper Account (Form-46) not being provided to the candidates or their agents (at 39 percent of the observed polling stations) and to the observers (at 50 percent of the observed polling stations).

4. Restrictions on independent observations.
The report opined that none of the Fafen observers, despite having ECP having furnished them accreditation cards for all constituencies in a timely manner, were allowed to enter the polling premises for observation of the voting and counting processes at 21 polling stations. It is to be noted that “Section 238 of the Elections Act, 2017 permits duly accredited election observers to observe the proceedings including the voting and counting processes.”

On the bright side, the report highlighted “improved results management and lower numbers of ballots excluded from the count.” The report also highlighted that proper arrangements had been made for persons with disabilities and the process was made easier for the elderly, pregnant women and women with minor children. The report noted that apart from “isolated incidents of violence” in Punjab the process was largely observed to be peaceful.
 
References:
Imran Gabol, Irfan Sadozai, Arif Hayat, Abdullah Zehri &Ishaq Tanoli, “PML-N emerges victorious in by-elections on 21 national, provincial seats,” Dawn, 22 April 2024;
Irfan Sadozai, Adnan Sheikh & Imran Gabol, “By-polls held on 21 national and provincial seats amid allegations of rigging by PTI,” Dawn, 21 April 2024

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