The Free and Fair Election Network (FAFEN) has proposed a three-stage methodology to audit the 2013 general election.
The proposal provides unique and robust methodology to audit while remaining within the legal framework of the Election Commission of Pakistan (ECP).
The three-stage proposed audit methodology is based on the legal requirements enunciated in the Representation of People’s Act 1976 and the Conduct of Election Rules 1977.
- The first stage of investigation will allow determining the actual effect of an irregularity on the election result in any of the 272 National and 577 Provincial constituencies down to the polling station level. The suggested audit steps are based on the scrutiny and analysis of election result forms and other legal documents, which are to be retained by the Election Commission of Pakistan (ECP) under various provisions of law and rules.
- The second stage involves the determination of the total number of constituencies, if any, with invalid or problematic election results, that may cause any potential or actual change in the majority in the National and/or Provincial Assemblies.
- The third stage deals with legal provisions to determine the intent of election officials to ascertain whether the irregularities were acts of omission or commission. The findings trigger proceedings by the ECP under Section 95 of the Representation of People’s Act 1976 against all election officials who are found to be involved in irregularities whether intentionally or by omission without reasonable justification.
FAFEEN recommends that this approach will also help identify systemic and procedural flaws in the existing electoral framework as a contribution to the ongoing electoral reforms process being led by the Parliamentary Committee for Electoral Reforms.
