ISLAMABAD - The Inquiry Commission probing the allegation of rigging in 2013 general elections Monday directed the ECP to provide Form XV of those constituencies where 10 or more than 10 per cent excess ballot papers were printed.
"Tell us about the Forms XV of the constituencies (where excess ballot papers were printed) within an hour," three-judge commission head Chief Justice Nasirul Mulk directed Election Commission of Pakistan (ECP).
The commission observed that excess ballot papers were printed in the National Assembly constituencies NA-21 (16%), NA-34 (17%), NA-43 (13%), NA-48 (19%), NA-53 (19%), NA-118 (17%), NA-119 (21%), NA-125 (28%), NA-130 (25%), NA-157 (20%), NA-171 and NA-222 (10%).
The ECP was also ordered to provide the record of Forms XV which they have received from the Returning Officers, so as to make for the forms missing in the record sent by the judicial officers.
The court observed: The PTI focus is on unused ballot papers therefore the same witnesses (ROs) would have to come and tell about the excess ballot papers printing… Now it is important to summon the relevant ROs (from Punjab and KP) to explain about the printing of excess ballot papers.
The PTI in an application filed on Saturday urged the commission to summon the ROs to inquire if they followed the Action Plan for General Election 2013, particularly tallying detail on the Packing Invoice and the Form XV. They also asked that Nadra be directed to furnish Pre Scanning Report (PSR) of all the constituencies.
The PTI claims that these documents will prove the excess printing of ballot papers. The commission asked PTI counsel Abdul Hafeez Pirzada to provide the sample of PSR, which he did not have during the proceeding. The commission was however informed that Packing Invoice and PSR do not provide information about excess ballot papers.
The PML-N counsel Shahid Hamid told that according to the Instruction Manual, prepared for Presiding Officers for Election 2013, the POs have to provide the original Form XV to the Returning Officer and put the copy of it in the polling bags. He said there was no mention about excess ballot papers in the PSR, and it is sort of inventory of polled votes.
Salman Akram Raja, counsel for ECP, informed that the ROs of 260 national assemble constituencies have responded regarding Form XV and they would hopefully get 90 percent forms. He however said not all the ROs of KP were cooperating as out of 35 NA constituencies in KP, ROs of only 25 have responded. The chief justice said that they will direct the ROs in KP in this regard.
Earlier, Pirzada complained that the cabinet minister held press conference on the Forms XV. However, the chief justice stated it happened on both sides, adding some of the channels even pass verdict. The CJ observed only the Forms XV could provide the information of unused ballot papers. However, he said: "We are not getting assistance from the treasuries as 40 to 45 per cent forms are missing." "We are not going into that," he added.
The court said K K Agha, appointed amicus curiae (friend of court) in the case, had visited the treasuries in Rawalpindi and Islamabad and prepared report on the condition in which polling bags have been kept there. "It is pathetic that so valuable material is kept in that condition," the chief justice said.
In the beginning of the proceeding, former caretaker Chief Minister Baloch Barozai appeared before the commission as witness of Balochistan National Party-Mengal and BNP-Awami. The counsel of BNP-M and BNP-A cross-examined him. Upon a query he told that after the general elections he had held a press conference in which instead of using the word rigging in the general elections, he had said 'ustadi’ (trickery) was done in the polls.
District Returning Officer (DROs) and Returning Officers of PB-42 and PB-43 also appeared. They told that the elections were held in both the provincial constituencies and results were tabulated. The RO of PB-35 informed the commission that he had declared unofficial result of the said constituency, but due to threats he could not announce the official result.
The Presiding Officers of PB-42 Punjgore-II told that they were asked to perform duty as POs on the election day, adding they went to the Polling Stations allotted to them, but till 5pm no one turned up to cast vote. The hearing was adjourned until Tuesday.