(Factsheet)

MASSIVE RIGGING IN ELECTIONS 2013

Today’s Agenda

1. Historic and unprecedented Electoral Fraud of 2013

2. Selective Justice and Double Standards

3. Role played by EX-CJP and the ROs

4. Constitutional status of the ECP

Historic Electoral Fraud of 2013

• Beyond doubt massive rigging took place both in National and Provincial Assembly elections.

• The rigging was:

– Widespread and Extensive: every Constituency or Polling Station opened for investigation unveiled shocking fraud or irregularities

– Pre-planned and organized: the fraud was built into the structure of ECP and the Election process

– Decisive: The number of fraudulent votes cast outweigh the margin of defeat in investigated Constituencies

PMLN Poor Performance in Punjab 2008-2012

Source 5th Annual Report 2012, State Economy, Punjab Story by Institute of Public Policy IPP

Punjab Pakistan

Till 2007 5.6 % 5.4%

2008-2012 2.5% 3.4%

GDP

Growth

Agriculture

Growth

Punjab Pakistan

Till 2007 3.3 % 2.5%

2008-2012 1% 3%

Punjab

Till 2007 3.3 %

2008-2012 1.4%

Employment Growth

Primary Net

Enrolment

Punjab

Till 2007 62 %

2008-2012 61%

Budget

Punjab

Till 2007 1 Billion Surplus Budget

2008-2012 83 Billion overdraft

Crime Rate Increased

30% in Last 5 Year.

FAFEN TOTAL REJECTED VOTES

2002 2008 2013

775,720 973,694 1,502,717

Shocking 64% increase as compared to 2008. • Number of rejected votes exceed the margin of victory in 35

out of 266 NA constituencies. • Polling Scheme in 93 constituencies were changed after

Election schedules announcement. (Many polling station disappeared, relocated and even new PS were installed)

• Go Slow Policy at the polling station, deprived many people from casting there Votes.

• Many of the Data Entry operators (UNDP had provided 2 Each to every RO) were given a Day off on polling date.

• The Documentation of the 16,933 polling station reveal 17,358 irregularities and violation in counting procedures.

Tools of Fraud

1. Fraudulent Balloting and/or Counting:

– Huge number of votes mysteriously missing

– Large number of votes cast with invalid CNICs

– Duplicate votes cast on already used counterfoils

– Thousands of dubious finger prints

– Massive “Typos” in finalized result sheets

2. Selective Justice:

– PTI’s appeals turned down

– Biased decisions against PTI candidates

3. Pre-poll/Structural Rigging: – Formation of Election Commission unconstitutional

– Judicial Officers were appointed RO’s by Ex-CJP Iftikhar M. chaudhary while Justice Fakhurruddin G. Ibrahim, the then Chief Election Commissioner was out of country

13 Constituencies OPENED ALL with Proven Massive Irregularities

KP

K

SIN

DH

LAHORE

NA-122 (PP147)

NA-118 NA-128 NA-124 NA-125

KARACHI

NA-256 NA-258

LODHRAN

NA-154

SARGODHA

NA-68

SIALKOT

NA-110

RAWALPINDI

NA-53

HARIPUR

NA-19

ATTOCK

NA-57

NA-256 Karachi (84K votes verification in 69 polling stations only)

Votes count as per Form XVI result by RO 84,748

Verified Votes in all Polling Stations 8% approx.

Invalid CNIC Numbers on use counterfoils which were never

issued by NADRA.

Votes were found not registered in the constituency.

11,343

791 Duplicate votes on used counterfoils 5,839 Counterfoils without finger prints 314

Scanned finger prints failed authentication (someone else

voted against this CNIC) 1,950

Counterfoil could not be verified/Recognized by NADRA 57,442 Finger prints authenticated/verified on counterfoils 6,815

Bogus Votes

In 26 polling

stations the ballot

papers were more

than those issued

Destroyed PTI

Votes In 37 polling stations ballot papers were less than those issued from counterfoil

NA-258 Karachi (32,865 votes verification for certain Polling stations)

Total Ballots Sent to NADRA or verification of certain polling

stations 32,865

Verified Votes in all Polling Stations 8%

approx. Invalid CNIC Numbers on use counterfoils which were never

issued by NADRA.

Votes were found not registered in the constituency.

4,680

435 Duplicate voters on use counterfoils 1,404 Counterfoils without finger print 386

Scanned finger prints failed authentication (someone else

voted against this CNIC) 53

Counterfoil could not be verified/Recognized by NADRA 23,432 Finger prints authenticated/verified on counterfoils 2,475

8 votes were cast by

CNIC (42401-974889-5)

Muhammad Swaleheen a

resident of Khudi ki Basti,

Surjani Town.

11 votes were cast by one

CNIC (42501-6587372-7)

Muhammad Faizan-ud-

Din, a resident of Majeed

Colony, Landhi

RE-ELECTION

CALLED DUE TO

MASSIVE RIGGING

BY PMLN

CANDIDATE

NA-118 Lahore ( 46K votes verification 68 polling stations only)

HAMID ZAMAN 325 ballot boxes 165 were broken or unsealed. 66 were partially sealed

NA-118 Facts Summary

NO. OF BAGS

COMPLETE ELECTION MATERIAL

PARTIAL ELECTION MATERIAL

NON-EXISTENT OF INCOMPELETE TOTAL

325 69 bags 98 bags 158 bags 325

PAKISIAN

(MISPRINT & NO. OF BALLOT

BAGS SEALED UNSEALED DIFFERENT SIZE & COLORATION)

325 94 165 66 325

ELECTORAL RESULTS SUMMARY325 BAGS

TOTAL VOTES POLLED 169317 COMPLETE: 46118 PARTIAL: 34941 81059 VOTES

NO RECORDS FOUND 88258 VOTES 88258 VOTES TOTAL VOTES 169317 VOTES

SUMMARY OF VOTES

NA-128 Lahore

Raheel Asghar Patwari

appointed at PS- Shahpur

Kanjra was caught red

handed for stamping

ballots in favor of PML-N

candidates in NA and PP

Patwaries were appointed as the presiding officers

Missing Ballot papers are 21,300

Counterfoils of ballot

papers without stamp

of PO/APO is 2300.

PP-147 Lahore Under NA-122 Contested by Imran Khan

State of only 6 Polling Stations

• According to NADRA’s officially released report:

– Total number of votes in 6 polling bags: 4726

– Number of votes found in 6 polling bags: 3768

– Votes not found: 958

– Invalid CNIC numbers on used counterfoils: 696

– Duplicate votes on used counterfoils: 2

– Finger prints of bad quality: 1590

• CLEARLY: only 1459 votes out of 4726 votes are valid -- which is 30% of

the votes cast; remaining 70% are bogus votes.

7 bags in 6 randomly selected polling stations

PTI Candidate Shoaib Sidiqui

NA-57 ATTOCK-1 Winning Candidate – Sheikh Aftab Ahmed (PML-N)

PTI Candidate – Malik Amin Aslam

• NA-57 is the ONLY constituency where Member Election Commission (Justice Riaz Kiani) first allowed a total RECOUNT of votes on May 13th

• Just after one day the SAME JUDGE, with SAME FACTs and SAME LAW changed his decision and disallowed the recounting of all the votes.

• The margin between winning and runner-up candidates was 2900 votes AND Rejected votes are 5466. Thus recounting of rejected votes was critical.

Rejected votes in Official count sheet Actual votes in the bag

51 0

Rejected votes in Official count sheet Actual votes in the bag

29 21

In the First bag –Polling Station # 173 in village Formali

In the Second bag – Polling Station # 172 in village Formali

Note: The Tribunal case of NA57 registered in 2008 is STILL PENDING in 2014 -MOCKERY OF JUSTICE in Tribunals

Polling Station-246 Result

Total Listed Votes = 1510

Nawaz Sharif secured = 779

Returning officer sent 7879 votes

Total Vote Difference 7100 votes

NA-68 Sargodha

Winning Candidate

Nawaz Sharif

NA-154 Lodhran PMLN’s Sadiq Khan vs. PTI’s Mr. Jahangir Tareen

Mr. Tareen was the winner in

initial results -- leading

massively in more than 200

polling stations.

Even independent TV channels

had declared him victorious on

the election day.

Unbelievably in the morning,

Mr. Tareen was declared

defeated by a margin of 10,000

votes after massive overnight

rigging.

NA-154 Lodhran

OPEN VOTE BAG OF NA-154 SHOWING MILDEWED & DAMAGED ELECTION PAPERS/BALLOTS

Thumb print verification of the votes cast in the NA-154 constituency still pending EVEN after ALL FORMALITIES COMPLETED SINCE May 11 general elections.

NA-154 Lodhran

• Polling Bags Missing 7.

• Unsealed polling bags 15

• More than dozen polling bags had counter files without signature/stamp of POs

• More than 40 polling bags found with either missing signature/stamp.

• More than 15 had results not reconciled with the available counter foils.

• About 40% PS have incomplete results attached.

Pre Scan Report by NADRA of 304 polling stations

• Polling bags were found sealed: 106

• Polling bags with broken seals: 127

• Polling with no seals at all: 31

• Form-XIVs missing from inspected bags: 49

• Form-XVs missing from inspected polling bags: 55

• Electoral Rolls missing inspected polling bags: 47

• Counterfoils missing from inspected polling bags: 27

NA-124 Lahore After the inspection of 264 Polling Bags

(ECP acknowledged it in its report)

NA-110 Sialkot PMLN’s Khawaja Mohammad Asif vs. PTI’s Usman Dar

• Since 21-Nov-2013, Mr. Usman Dar has been pleading with the courts for the

Election Tribunal to order thumb verification of all votes cast in his constituency.

• The Tribunal kept on adjourning the case on the lame excuses. The Tribunal took

refuge for delaying his orders till the pending writ petition of Mr. Hamid Zaman

NA-118 was decided by the Lahore High Court. The tribunal gave the

understanding that whatever the High Court decided in the writ petition, the same

would be applicable to Usman Dar Request.

• In the meantime, to show efficiency and disposal of the other trivial matters, the

tribunal directed Usman Dar to complete his evidence, which was actually not

needed. Usman Dar adduced his evidence and his statement was recorded. When

the time for cross examination of Mr. Dar came, he had to go abroad in connection

with his overseas business engagement. The Tribunal refused to adjourn the case

for 2-3 days, so that Usman Dar could appear for cross examination and so the

petition was dismissed by an illegal order against, which appeal is still pending

before the Supreme Court of Pakistan.

FAFEN report: Number of rejected votes exceed the margin of victory in 35 out of 266 NA constituencies. Of the total of 246,858 votes in question, Punjab accounts for 233,225 (94.5%), K-P 6,462 (2.6%), Sindh 6,317 (2.6%), Fata 580 (0.2%) and ICT 274 (0.1%).

Note: Rejected Votes are used as a tool for rigging in Pakistan. (http://tribune.com.pk/story/674811/fafen-report-major-discrepancies-found-in-may-2013-election-data/)

Election Year Total Rejected votes

2002 775,720

2008 973,694

2013 1,502,717 (Shocking and unexplainable

increase 64% as compared to 2008)

RECORD NUMBER OF VOTES REJECTED FAFEN REPORT

SELECTIVE JUSTICE

• Ghulam Sarwar Khan has been contesting Election against PML-N stalwart Ch. Nisar Ali khan 2002, 2008, 2013. In 2013, He won by big margin of almost 10,000 votes from Ch. Nisar.

• In all these aforesaid elections, Ch. Nisar had tried his level best to get Ghulam Sarwar Khan disqualified at various stages; Returning officer, High Court, Supreme Court but failed to so.

• In 2013, Mr. Ghulam Sarwar Khan managed to get Ch. Nisar Ali khan disqualified from Returning Officer on the grounds of concealing of assets/Education qualification. However, High Court allowed Ch. Nisar.

• After Ghulam Sarwar khan won the General Election 2013, Ch. Nisar Ali Khan made petition to the Election Commission which directed him to pursue this

matter before the Election Tribunal which he didn’t. Rather, he went straight to the Supreme Court requesting for a Suo-Moto application to get Ghulam Sarwar khan disqualified.

NA-53 Rawalpindi

Ghulam Sarwar Khan (PTI) vs. Ch. Nisar Ali Khan (PMLN)

• The Supreme Court Registrar rejected Ch. Nisar application because the similar

matter was already being heard in Punjab High Court.

• Being a persistent follower, Ch. Nisar Ali khan went straight to Ex-CJP Iftikhar

Chaudhary through his proposer.

• The Ex-Chief Justice Pakistan Iftikhar Chaudhary immediately issued a notice to

Ghulam Sarwar khan and heard the case personally and disqualified Ghulam

Sarwar Khan. Which is against the rules for using his Suo Moto powers without

notice to the affected party. Petition CMA # 4275 of year 2013

The irony was that the EX-CJP passed two different orders for exactly

similar cases on the same date, i.e. 18th July, 2013. In a similar case, relief

was given to respondent Mr. Makhdoom Syed Ali Raza of PML-N but took

severe action against Mr. Ghulam Sarwar Khan, an elected PTI MNA. Such

high handedness have never been seen in Supreme Court’s history.

…NA-53

• For 10 long months elected MNA Mr. Ghulam Sarwar Khan

remained suspended (from 18-july-2013 to 3 April, 2014)

• He was re-instated by a three member bench of Supreme

Court but only after the departure of Ex-CJP Iftikhar

Chaudhary.

• A direct order was issued by the ex-CJP to suspend the PTI

MNA, bypassing the Election Commission. His directive was

addressed to Secretary National Assembly which is

unprecedented.

NA-53 Biased

Judgment by ex-CJP

NA-19 Haripur PTI Winning Candidate: Dr. Raja Aamer Zaman

• On 17th May 2013 the runner-up candidate of PML-N Mr. Omer Ayub petitioned before the ECP for recounting of the 45 polling station only, without any notice given to the winning candidate of PTI. The ECP members Justice Rtd. Riaz Kayani and Justice Rtd. Fazl-ur-Rehman ordered the recounting of the entire constituency for 437 polling stations on Friday 17th May, evening.

• Sunday 19th May to Friday 24th recounting was done for the all the 437 polling stations and over 290,000 votes. PTI candidate still won in the recounting by a lead of 1304 votes.

• PML-N candidate still pursued the matter to Election Tribunal.

• The tribunal, out of the blue, ordered and selected seven (7) polling stations without any criterion/reason/yardstick in an arbitrary manner. The petitioner had not even prayed for this relief but the court on its own gave biased relief much beyond the petitioner’s expectations. The Tribunal stated that there is no finding that the appellant PTI candidate or any other person on his behalf was indulged in any corrupt practice.

• In Election Tribunal not a single witness was produced by PMLN candidate regarding bogus voting.

• The notables of these seven polling stations were approached by Captain Safdar, son-in-law of Prime Minister Nawaz Sharif, took them to the Prime Minister House to meet up with the N-league leadership including Khwaja Asif, Shahid Khakan Abbasi and Gohar Ayub Khan (father of PMLN candidate Omer Ayub).

• The Federal Government immediately sanctioned development schemes for

these seven polling stations in total disregard to the Election Rules:

– 3 transformers and 30 LT poles were brought to PS Ghazi Hamlet, Mohat Sector.

– Branch lines for Gas for Village Piplala

– Transformer of 100 KV was installed on 28th Jan 2014 in Danna Kalinger also a

generator for local mosque was provided.

– Branch lines of Sui gas were also given in Mamral.

– A local newspaper, Shamal of Hazara carried news that rupees 25K-30K were

given to voters to vote for PML-N.

– Purchasing of votes was also shown in K-2 TV channel.

….NA-19 Haripur

• Due to selected Re-polling on 7 polling station, the winning

candidate of PTI was made to loose by a margin of 500 votes.

• PTI candidate petitioned the supreme court which was dismissed

and the court endorsed that their decision is not approved for

reporting in the journal of the Supreme Court.

• PTI MNA has gone into review of Supreme Court order which is still

pending for final decision.

…NA-19 Haripur

NA-125 Lahore Khawaja Saad Rafique vs. Hamid Khan

• PTI candidates and their running mates in PP-155 and PP-156 gave their petitions to the election tribunals in July 2013.

– the main thrust of their petition was to have thumb verification done from NADRA.

– one month ago, the election tribunal allowed only 7 polling stations (out of 250 plus stations) where thumb impressions got verified from NADRA

• ten days ago (Before Eid holidays) a commission has been appointed to undertake/follow the process of thumb verification

• Some witnesses have also been examined including ECP member Justice (Retd.) Riaz Kiani

– Two of the presiding officers deposed that till 2:00 pm on 11th May 2013, they had not received the polling material

– Justice (Retd.) Riaz admitted that he had received many complaints in this constituency and the staff in the polling station were too few to discharge their duties

– The case of NA-125 is not seen to be concluding in the near future in spite of a 14 month lapse. The provision of law of reaching conclusion within 120 days has been flouted by almost all the Election Tribunals

Role Played By EX-CJP & ROs

Designation of Judicial Officers as ROs

• In the absence of the Chief Election Commissioner, the then ‘Acting’ Chief Election Commissioner requested for Judicial Officers as ROs.

• The request was granted within a matter of days while the CEC was still abroad.

• This was done against the very principle set by the CJ himself.

• FAFEN and other NGOs had vehemently protested this move and had termed it as negative for a fair and transparent election process (Dawn Nov 18, 2012).

Unusual Interference

• The ex-CJ went about the country addressing the ROs, which

was contrary to the law and the spirit of a free and fair

election process.

• The unusual interference of the ex-CJ in the entire process,

from registration of voters to settlement of post-election

petition was all too evident and etched in the annals of our

national history.

Unanswerable ROs

• 93 ROs changed a large number of Poling Stations in many constituencies.

This is a violation of Peoples Rep Act 1976 as the Polling Stations are

bound by law to be notified 15 days prior to the Election Date. The law

requires that any such change has to be done with the permission of the

ECP only.

• 120 ROs did not comply with the law of PRA 1976, which requires them to

fill out the Form XV. This form carries the total accounted ballot paper

used or unused for each PS. The disobeyance of this law is a serious

violation and opens the floodgates to rigging and irregularities.

…Unanswerable ROs

• The ROs being judicial officers have returned to their

original duties and the Election Commission now seems

to have minimum to no influence over them.

• The lack of responsibility with which the balloting

and counting process was handled is again all too

evident.

Selective Justice

• Relief given to PMLN candidates in the same

cases where PTI candidates were heavily

penalized

• Delays in deciding petitions filed by PTI

Legal Status of the ELECTION COMMISION

PAKISTAN

• The present election commission itself is unconstitutional

(formed in violation of Article 213 and 218). RULE: Competing

candidates were to be interviewed by the Parliamentary

committee, but the candidates were not interviewed.

• Two days back the ECP said that if PTI members resign, they

will conduct fresh elections on those seats.

• By issuing this statement, the ECP has directly involved itself

in the active politics of the country.

• Members of the present ECP were pre-selected by their

sponsors and assigned their present jobs, which is against the

Constitution.

Conclusions • Massive rigging during Election 2013 has been proved beyond reasonable doubt.

• The connivance of key officials in the election fraud is established beyond any doubt.

• The election were rigged in numerous ways during pre-poll intuitional structuring,

actual polling, as well as during the ballot counting/reporting phases.

• The systematic selective justice later on has been an icing on the cake of fraudulent

elections.

• And so, we conclude: any government formed on the basis of a massive

election fraud is illegitimate, undemocratic and deserves to be thrown

out.

Thank You for your Time.