Free, Fair, Peaceful Polls Not Possible on May 14, ECP Tells Supreme Court

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In its response to the Supreme Court (SC)’s ruling directing it to conduct elections in Punjab on May 14, the Election Commission of Pakistan (ECP) on Tuesday said a lack of funds, security and other issues prevent it from ensuring free, fair and peaceful polls at this juncture.

The 12-page reply commenced by detailing the security plan submitted by the caretaker Punjab government, noting that 466,508 security personnel were required to maintain law and order during the polls “keeping in view the current polarized political environment and other security concerns.” Of these, it said, the province had access to just 81,050 personnel, leaving a shortfall of 385,485. It said the provincial government had “insisted” on the provision and deployment of the armed forces in addition to the police to ensure foolproof security at polling stations.

Recalling that armed forces had been deployed for the 2018 general elections, the ECP emphasized that the environment five years ago was more conducive to the conduct of polls than today “in light of reports submitted by the provincial government and law enforcing and intelligence agencies.”

The ECP response also noted that the federal government had yet to release necessary funds for the conduct of elections. It said that the printing of ballot papers had already been delayed, as funds for it had to be allocated on April 18 to achieve the poll date of May 14. Similarly, it said, the printing of pictorial electoral rolls and funds for district returning officers, returning officers and offices of the same had also been delayed. It also noted that Punjab had allocated Rs. 448 million for transportation and other charges in 2018, which had ballooned to Rs. 1.1 billion due to inflation, increase in fuel prices.

In light of the prevailing challenges, said the electoral body, “in the present charged political environment, and resultant volatile law and order situation, cross-border terrorism, insurgencies, potential threats to the leaders and consequent lack of foolproof security, non-provision of troops in a static mode coupled with lack of requisite funds, it will not be possible for the [ECP] to ensure honest, just, fair and peaceful elections to the” Punjab Assembly.

If the police is not supplemented by the armed forces, it warned, “security of life and property of voters, electoral staff and public at large will be at risk.” Referring to briefings by security agencies, it recalled that the ISI had warned of “hostile intelligence agencies” working to destabilize the economy and political environment. “Lashkar-e-Jhangvi, in connivance with Tehreek-e-Taliban, are aiming to target Shia community, which in turn will accentuate sectarian strife,” it said, adding that the intelligence agency had also warned of a “strong possibility” of kidnapping of election officials during the polls.

The Intelligence Bureau, meanwhile, said India’s RAW and the Harquat ul Ahrar were involved in “subversive activities” on the border of Punjab and Balochistan. “RAW will strive to destabilize the country in current political scenario by targeting important political figures for creating political instability,” it said, claiming threats existed for PTI, PMLN and PPP.

Acknowledging the constitutional requirement of elections occurring within 90 days of the dissolution of an assembly, the ECP stressed that Article 218(3) of the Constitution obliged the electoral body “to organize and conduct the elections to ensure that the standards of honesty, justness and fairness is fully met and not compromised on any account.” In the absence of a conducive environment and foolproof security, it warned, the 90-day imperative would come at the cost of another imperative of the Constitution.

Noting that the “concept of attaining a level-playing field in the election” was still being strived for by the ECP, it stressed that the biggest barriers to this were lack of funds and security, with the latter especially posing a “premium risk” to voters, election staff and the public at large.

The ECP also lamented that staggering of elections was not feasible, as it involved significantly more expenditure than simultaneous polls nationwide. In addition, it warned, it would increase allegations of rigging and influence polls in regions that occur after the initial voting period. It also called on political consensus to bring down the political temperature and reiterated that Oct. 8 was the ideal date for simultaneous elections across the country.

Last week, a three-member bench of the Supreme Court—headed by Chief Justice of Pakistan Umar Ata Bandial and comprising Justices Ijazul Ahsan and Munib Akhtar—directed the State Bank of Pakistan (SBP) to release funds for polls in Punjab by April 17. The same bench had earlier fixed May 14 as the date for the election to the Punjab Assembly after rubbishing an ECP decision to extend the polls date from April 10 to Oct. 8.