FAFEN ELECTION . 169 NA and PA constituencies with Margin of Victory less than potentially Rejected Ballots August 3, 2018 The number of ballot papers excluded increase. In Islamabad Capital Territory, from the count in General Elections 2018 the number of ballots excluded from the surpassed the number of ballots rejected count are more than double the in General Elections 2013. Nearly 1.67 rejected ballots in the region in GE-2013. million ballots were excluded from the Around 40% increase in the number of count in GE-2018. This number may ballots excluded from the count was slightly vary after the final consolidated observed in Balochistan, 30.6 % increase result is released by the Election in Khyber Pakhtunkhwa including Commission of Pakistan (ECP) as the Federally Administered Tribal Areas ballots excluded from the count at the (FATA), 7% increase in Sindh and 6.6% polling station level by Presiding Officers increase in Punjab. are to be reviewed by the Returning The following table provides a Officers during the consolidation comparison of the number of rejected proceedings, who can either reject them National Assembly ballot papers in each or count them in favor of a candidate if province/region during each of the past excluded wrongly. four General Elections in 2002, 2008, 2013 The increase in the number of ballots and 2018. Although the rejected ballots excluded from the count was a have consistently increase over the past ubiquitous phenomenon observed in all four general elections, the increase was provinces and Islamabad Capital significantly higher in 2013 than 2008 Territory with nearly 11.7% overall (54.3%). Number of Rejected Ballot Papers in General Elections 2002. 2008, 2013 and 2018, by Province/Region Rejected Rejected Rejected Votes Excluded Province/Region Votes of GE- Votes of GE- Votes of GE- from the Count 2002 2008 2013 GE-2018 Khyber Pakhtunkhwa 88,036 100,948 190,597 248,941 and FATA Rejected Rejected Rejected Votes Excluded Province/Region Votes of GE- Votes of GE- Votes of GE- from the Count 2002 2008 2013 GE-2018 ICT 1,881 1,531 2,448 4,942 Punjab 508,926 638,623 850,735 906,952 Sindh 131,426 185,703 381,757 408,613 Balochistan 45,451 46,889 77,180 108,558 Overall 775,720 973,694 1,502,717 1,678,006 197,974 529,023 175,289 Increase 25.5% 54.3% 11.7% Despite legal binding on Returning The RO examination of the ballots Officers to examine the ballots excluded excluded from the count by the Presiding from the count before rejecting them, a Officer is also pertinent in wake of the number of such ballots were not fact that there are 169 National and inspected during GE-2013. The Judicial Provincial Constituencies where the Commission enquiring the GE-2013 had margin of victory, according to the also noted in its final report that many provisional results, is less than the number Returning Officers (ROs) did not review of ballot papers excluded from the the ballots declared doubtful by the count. (Refer to Annexure-1 for the list of Presiding Officers (POs) as was required these constituencies) The Returning under the Representation of Peoples Act Officers’ decision to reject or count these (ROPA), 1976. Below is the excerpt from ballots may materially affect the result of the Commission’s report. the polls in these constituencies. ROPA has many legal aspects which need to be complied with and it is doubtful whether the POs had the necessary Excerpt from training or ability to ensure that they were complied with Final Report of especially during the hectic and stressful situation on polling the General day. There were instances where ROs who were fairly senior Elections-2013 judicial officers did not comply with the mandatory provisions Inquiry of ROPA; For example, on their own admittance failing to Commission open and consider rejected ballots. (PML (Q) CW 2, 3 and 6) 2015 (p 218) The margin of victory may have been high and no party may have requested the consideration of these ballots but this was still a legal requirement under S.39 (3) ROPA 2 Under Section 95(5) of the Elections Act, According to provisional results of GE- 2017, the Returning Officer shall recount 2018, there are as many as 79 National the ballot papers at one or more polling and 169 Provincial Assemblies’ stations in a constituency if a contesting constituencies, where the margin of candidate requests so in writing and the victory is less than five percent of the margin of victory is less than five percent total polled votes or ten thousand. Figure of the total votes polled in the 1 shows region-wise and assembly-wise constituency or 10,000, whichever is less. distribution of these 248 constituencies. Figure 1: NUMBER OF CONSTITUENCIES WITH MARGIN OF VICTORY LESS THAN 5% OF POLLED VOTES OR 10,000 Provincial: 31 Total: 47 National: 16 Provincial: 15 Total: 22 National: 7 Provincial: 96 Total: 137 National: 41 Provincial: 27 Total: 42 National: 15 Provincial Assembly: 169 National Assembly: 79 Total: 248 The ballots excluded from the count Assembly (PA) constituencies where surpassed the margin of victory in 49 elections were held. Of these 120 PA (18.1%) of 270 National Assembly (NA) constituencies, 58 are in Punjab, 24 in constituencies where elections were Khyber Pakhtunkhwa, 22 in Sindh and 16 held. Among these NA constituencies, 26 in Balochistan Assembly. Figure 2 shows are in Punjab, 11 in Sindh, six each in the region-wise and assembly-wise Balochistan and Khyber Pakhtunkhwa. distribution of these 169 constituencies. Similarly, the number of ballots excluded from the count exceeded the margin of victory in 120 (21%) of 570 Provincial Figure 2: NUMBER OF CONSTITUENCIES WITH GREATER NUMBER OF EXCLUDED BALLOTS THAN MARGIN OF VICTORY Provincial: 24 Total: 30 National: 6 Provincial: 16 Total: 22 National: 6 Provincial: 58 Total: 84 National: 26 Provincial: 22 Total: 33 National: 11 Overall Provincial Assembly: 120 Total: 169 National Assembly: 49 Among 49 NA constituencies with higher two by Grand Democratic Alliance number of excluded ballots than margin (GDA), and one each by Muttahida of victory, as many as 21 were won by Majlis-e-Amal (MMA), Awami National Pakistan Tehreek-e-Insaf (PTI) Party (ANP), Jamhoori Watan Party (JWP) candidates, 11 by Pakistan Muslim and Pakistan Muslim League (PML). Two League – Nawaz (PMLN), six by Pakistan independent candidates were also People’s Party Parliamentarians (PPPP), returned in such constituencies. three by Balochistan Awami Party (BAP), Province-wise Winning Parties in the NA Constituencies with Greater Number of Excluded Ballots Than Margin of Victory Winner Party of National Khyber Punjab Sindh Balochistan Overall Assembly Pakhtunkhwa Pakistan Tehreek-e-Insaf 3 14 4 21 Pakistan Muslim League (N) 1 10 11 Pakistan Peoples Party 1 5 6 Parliamentarians Balochistan Awami Party 3 3 4 Grand Democratic Alliance 2 2 Independents 1 1 2 Muttahida Majlis-e-Amal 1 1 Pakistan Awami National Party 1 1 Jamhoori Watan Party 1 1 Pakistan Muslim League 1 1 Overall 6 26 11 6 49 Similarly, among 58 constituencies of Similarly, in Sindh Assembly’s 22 Punjab Assembly witnessing the similar constituencies with a similar situation, phenomenon, PML-N won 26 seats, PTI nine have been claimed by PPPP, six by 23, PPPP two, and PML one. The GDA, four by PTI, two by MQM and one remaining six constituencies were won by by MMA. In Balochistan’s 16 such independents. constituencies, six were won by BAP, followed by three constituencies each In KP Assembly’s 24 constituencies with won by PTI and MMA and one each by the number of excluded ballots greater PMLN and Pashtoonkhwa Milli Awami than the margin of victory, 11 were Party (PkMAP). Two independent bagged by PTI, seven by MMA, two each candidates in Balochistan won such by PMLN and PPPP and one by ANP. An seats. independent candidate also claimed one such seat. Province-wise Winning Parties in the PA Constituencies with Greater Number of Excluded Ballots Than Margin of Victory Winner Party of Provincial Khyber Punjab Sindh Balochistan Overall Assembly Pakhtunkhwa Pakistan Tehreek-e-Insaf 11 23 4 3 41 Pakistan Muslim League 2 26 1 29 (N) Pakistan Peoples Party 2 2 9 13 Parliamentarians Muttahida Majlis-e-Amal 7 1 3 11 Pakistan Independent 1 6 2 9 Grand Democratic 6 6 Alliance Balochistan Awami Party 6 6 Muttahida Qaumi 2 2 Movement Pakistan Pakistan Muslim League 1 1 Pashtoonkhwa Milli 1 1 Awami Party Awami National Party 1 1 Overall 24 58 22 16 120 5 Unofficial information suggests that the Karachi West-I), including three ECP has allowed recounting on 54 – 21 constituencies in which the second- National Assembly’s and 33 Provincial place candidates are from PTI and one Assemblies’ – constituencies. Unlike the constituency where a PPPP candidate is pre-election period, the availability of in second-place. The second-place critical election information on the ECP candidate (GDA) in NA-215 Sanghar-I website has reduced in post-election did not request a recounting of votes. phase and no official notification of such The RO has declined candidates’ count is available on the website. FAFEN requests to recount votes in three observation reveals that the recount of constituencies (NA-114 Jhang-I, NA-140 votes was done or is under-way on 12 Kasur-IV and NA-204 Ghotki-I). In the first such constituencies where the number of of these constituencies, the RO originally ballots excluded from the count is agreed to recount and later rescinded greater than the margin of victory.