(MoU) and accord signed by the Pakistan Muslim League-Nawaz (PML-N) and Pakistan Tehreek-e-Insaf (PTI) on April 1, 2015 after protracted negotiations.
It is immaterial and irrelevant whether or not the PTI or any other political party formally retracts the rigging allegations, if the report of the commission has sanctity for the contestants, who lost their case.
It was written in the accord that if the report of the commission did not uphold PTI accusations regarding the polls, its allegations shall stand withdrawn; Imran Khan’s squad will perform its role in the Parliament and the democratic process; and the federal and provincial assemblies will continue to function in accordance with the Constitution.
The accord didn’t provide that the PTI would tender a public apology if its charges were dismissed by the commission.
Whatever the agreement prescribed for the PTI to do in case its accusations were thrown aside is positive - performing its role in the Parliament and democratic process.
However, the accord had recommended the severest punishment - resignation of Prime Minister Nawaz Sharif and dissolution of the incumbent federal and provincial governments - if the poll rigging allegations were sustained in the commission’s report.
According to the agreement, if the commission determined that the election results, on an overall basis, were not a true and fair reflection of the mandate given by the electorate, Nawaz Sharif ‘shall’ dissolve the National Assembly under article 58(1) of the Constitution to hold fresh elections. Simultaneously, each of the provincial assemblies ‘shall’ be disbanded by the respective chief ministers under article 112(1) to organise new polls.
At the time, the Nawaz Sharif government was under immense pressure due to the sit-ins of the PTI and Pakistan Awami Tehreek (PAT). Therefore, it failed to include a provision in the agreement recommending a heavy price for the PTI if rigging charges were dismissed.
It was noted in the accord that the PTI alleged that in 2013 polls, violation of requirements of Constitution were widespread and the overall results were affected to such an extent that the same do not reflect the true will of the electorate. The PML-N doesn’t accept the allegations, the agreement said.
Both the parties consented in national interest to resolve the issue through formation of the commission. It reproduced the scope of inquiry. It said the caretaker cabinet shall be appointed in case of dissolution of the National Assembly in accordance with articles 224 and 224A and the PML-N will consult with the PTI in the formation of such cabinet.
According to the agreement, the PTI was satisfied with the appointment of National Database & Registration Authority chairman as per due process.
The two sides noted that the selection of the Election Commission of Pakistan Secretary has been made by the Chief Election Commissioner and the notification as per due process has been issued by the federal government.
Another clause of the MoU said that if the commission exercised the power to form one or more special investigation teams (JIT) under the presidential ordinance, appointment of the Federal Investigation Agency (FIA) director general will be made following due process and after consultation with the PTI. However, the inquiry panel had not chosen to invoke this clause although the PTI cherished that the premier military intelligence agencies were involved in one way or the other. As sought by the commission, the accord was handed over to it for its record.