ISLAMABAD - The inquiry commission probing the allegations of rigging in the 2013 general elections has decided to procure Form-XV by opening polling bags lying in the treasuries all over the country. The task will be completed in 10 days.
The Judicial Commission Wednesday held an in-camera meeting with the counsels of the political parties and the Election Commission of Pakistan (ECP), and decided to get Form-XV after taking opinion from the counsels representing various political parties, including opposition PTI, ruling PML-N and the PPP.
Form-XV is the ballot paper account prepared by the presiding officer of each polling station. It contains the statistics about the number of ballot papers entrusted to him, and those taken out from the ballot boxes and counted, besides the number of tendered, challenged and spoilt ballots.
“To obtain copies of Form-XV from the bags retained at the treasuries on behalf of the Election Commission of Pakistan, all the political parties agree that the task be assigned to the district judges of the respective districts,” said a press release issued by the commission secretary.
The JC also decided that the district judges “shall obtain copies of Form-XV, pertaining to the National Assembly and provincial constituencies falling within their districts. In case a constituency spreads over more than one district, senior district judge in the such districts shall perform the task.” These judicial officers shall be duly assisted by respective District Election Commissioners and its staff regarding the process and would complete the task by June 8, 2015.
The commission’s statement further said: For the said purpose ‘white’, ‘khaki’ and ‘blue’ bags containing the election material may be opened and no other bag be touched. Photo-state copies of Form-XV for all polling stations be prepared and duly certified by the district judges. The forms for each constituency shall be packed in separate packets and sent to the Commission.
In case Form-XV for any polling station is found missing or any seal of the aforementioned bags found broken, it be noted and reported accordingly. For the tribal areas, the said task is assigned to the respective political agent in whose territorial jurisdiction a constituency falls, who shall be duly assisted by the Agency Election Commissioner concerned.
Around 70,000 polling stations were set up for national and provincial assemblies and the presiding officers filled two XV forms – one for the National Assembly and the other for the provincial assemblies – therefore, there were total 140,000 of XV forms.
According to ECP counsel Salman Akram Raja, the Election Commission had obtained 70 percent of the total XV forms from the returning officers. But those are unofficial as under Section 44 of the Representation of People Act 1976, the ROs were bound to submit all the record to the ECP and cannot retain the election record including Form-XV after the elections.
The ECP under Section 45 of the Representation of People Act 1976 has the authority to open the bags, which are lying in the treasury. PPP counsel Aitzaz Ahsan had adopted the stance that polling bags could not be opened without giving notices to the returned candidates of all constituencies, adding that Section 45 does not give suo moto power to the ECP to open the bags.