Poll law specifies sound vote count result mechanism

ISLAMABAD: Apprehensions apart, the poll law offers a watertight system of vote count, prompt submission of result to the Election Commission of Pakistan (ECP) and its delivery to the polling agents of contesting candidates there and then.

If the election staff goes by the book and is not hindered by anyone in the performance of its lawful functions, no problem is expected to crop up in compiling the result, giving it to the polling agents and communicating it to the ECP.

Section 90 says the Presiding Officer (PO) will count the votes immediately after the close of the poll in the presence of such of the contesting candidates, election and polling agents and authorised observers as may be present.

The PO will give them the reasonable facility of observing the count and such information with respect to the count as can be provided in consistent with the orderly conduct of the count and the discharge of his duties in connection with the count.

The PO will not allow any person to be present at the count other than election officials on duty in connection with the poll, the contesting candidates, their election agents or any other person authorized by the ECP. He will open the used ballot box or boxes and count the entire lot of ballot papers.

Section 13 of the Elections Act says the PO will immediately take snapshot of the result of the count and, as soon as connectivity is available and it is practicable, electronically send it to the ECP and the Returning Officer (RO) before sending the original documents to them.

In view of this provision, it would be essentially required that no “connectivity” issue arises when the POs will have to transmit the result to the concerned people. It means that the POs can send the result through WhatsApp, email etc.

The ROs will compile the provisional results forthwith and, on or before 2.00 am the day immediately following the polling day, communicate them electronically to the ECP. However, if, for any reason, the results are incomplete at that time, the ROs will communicate to the ECP reasons, listing the polling stations from which results are awaited, and send the complete provisional results as soon as they are compiled.

The ROs will electronically send to the ECP scanned copy of the compiled provisional results, consolidated statement of the results and final consolidated result together with results of the count and the ballot paper accounts, as received by him from the PO.

The RO will also send to the ECP original copies of documents through special messenger or any other swift means of communication including urgent mail service or courier service, as may be directed by the ECP. The ECP will publish the documents received along with gender disaggregated data of turnout on its website.

On receipt of the results from all POs of a constituency, the RO will forthwith prepare and announce provisional consolidated statement of results of the count (excluding postal ballots) in the presence of such contesting candidates, their election agents or authorised observers as may be present, affix a copy of it signed by him at a conspicuous place in his office and send a copy to the ECP.

Immediately after announcement of provisional results, the RO will give the contesting candidates and their agents a notice in writing of the day, time and place fixed for the consolidation of the results, and, in the presence of such of the contesting candidates and election agents as may be present, consolidate results of the count furnished by the POs, including the postal ballots received by him before the time fixed for the consolidation of results.

Before consolidating the results, the RO will examine the ballot papers excluded from the count by the PO and, if he finds that any such papers should not have been so excluded, count it as a ballot paper cast in favour of the contesting candidate for whom the vote has been cast. The RO will also count the ballots received by him by post and include the votes cast in favour of each contesting candidate in the consolidated statement except those which he may reject on any of the grounds. The ballot papers rejected by the RO will be mentioned separately in the consolidated statement.

Before commencement of the consolidation proceedings, the RO will recount the ballot papers of one or more polling stations if a request or challenge in writing is made by a contesting candidate or his election agent and the margin of victory is less than five percent of the total votes polled in the constituency or ten thousand votes, whichever is less, or the RO considers such request as not unreasonable. However, the recount will be made by the RO only once. The ECP may, before conclusion of the consolidation proceedings, for reasons to be recorded, direct the RO to recount the ballot papers of one or more polling stations.