Observers to have access to polling stations, vote counts

ISLAMABAD: Local and international observers will have access to counting of votes, consolidation of results and polling stations in the July 25 general elections as enshrined in the law.

The findings of the international observers in particular and local monitors in general reflect upon the fairness, authenticity and validity of the exercise as well as manipulations, fraud and irregularities, if any, committed during it. These reports are always attached credence at home and abroad.

The Elections Act gives discretionary powers to the Election Commission of Pakistan (ECP) to allow, at its own motion or upon an application made to it, any domestic or international poll observation organisation to observe the exercise.

Under Section 238, no person will be allowed to observe the process of conduct of election, if he is not accredited as an observer by the ECP or its authorised officer; is affiliated with any political party; fails to provide his full particulars and documents, including photographs, which may be required by the ECP; has been involved in activities prejudicial to the peace and tranquility of the people of a constituency; is unable to furnish an authorisation from the organisation of which he is a member; and has not obtained security clearance from the government.

Every observer while observing the process of conduct of election will display prominently a card of his identification issued to him by the ECP or an officer authorised by it. He or, as the case may be, organisation may submit a report to the ECP highlighting the electoral irregularities which were noticed during observation relating to conduct of election, with recommendations, if any.

Section 92 says on receipt of the results of the count from all Presiding Officers (POs) of a constituency, the Returning Officer (RO) will forthwith prepare and announce provisional Consolidated Statement of Results of the Count of the constituency (excluding postal ballots) in the presence of such contesting candidates, their election agents or authorised observers as may be present; affix a copy of the provisional Consolidated Statement of Results signed by him at a conspicuous place in his office and send its copy to the ECP.

According to Section 90, the PO will count the votes immediately after the close of the poll in the presence of the contesting candidates, election agents, polling agents and authorised observers as may be present. He will give such of the contesting candidates, election agents, polling agents and authorised observers as may be present reasonable facility of observing the count and give them such information with respect to the count as can be given consistent with the orderly conduct of the count and the discharge of his duties in connection with the count.

The Presiding Officer (PO), after preparation of the Result of the Count and the Ballot Paper Account, will sign them and obtain thereon the signatures of the senior-most Assistant PO and an accredited observer, a candidate or his election agent or polling agents as may be present in token of these documents having been prepared in their presence and if any such person refuses to sign it, the PO will record a note on the result of the count and the ballot paper account to that effect.

The PO will give a copy each of the Result of the Count and the Ballot Paper Account signed, stamped and thumb marked by him and the senior most Assistant PO to such of the candidates, their election agents or polling agents as may be present and obtain a receipt for such copy and if any such person refuses to sign it, the Presiding Officer shall record a note to that effect.

The ECP has issued a code of conduct for foreign observers, which mostly contains the conditions figuring in the Elections Act. Observers will be required to maintain good behaviour, respect others including exhibiting sensitivity for culture and customs of Pakistan and show the highest level of professional conduct.

They will follow instructions issued by the ECP and state authorities including security officials and need to maintain respectful attitude towards

them. Political impartiality will be demonstrated by observers at all costs during the election process. They will not exhibit any bias or preference with regard to local authorities, political parties and candidates as well as any issue related to the process of election, according to the code.

Observers will not conduct or participate in any activity that may generate an impression of favoring or opposing any political party or a candidate.