ISLAMABAD: An inquiry conducted by Provincial Election Commission Khyber Pakhtunkhwa has found Fakhar Zaman Khan— Member National Assembly belonging to the ruling Pakistan Tehreek-e-Insaf (PTI)—guilty of rigging the by-election held in National Assembly’s constituency NA-45 Kurram in February this year, which he had won.
The report was submitted to a three-member ECP bench comprising of Chief Election Commissioner Sikandar Sultan Raja and Members ECP Shah Muhammad Jatoi and Nisar Durrani which heard the case related to alleged rigging through postal ballot in NA-45 on Tuesday.
The report found that the PTI MNA had submitted fake applications of postal ballot in his favour in collusion with Deputy Superintendent of Police (DSP) Kurram Muhammadi Khan and Police Constable Wasiullah, who is alleged to be a close relative of the PTI MNA.
The inquiry found that almost all the signatures on around 600 applications of postal ballot were fake. It recommended strict action be initiated against those responsible for this rigging.
The report found the PTI lawmaker guilty of rigging under Section 175 (b) of Elections Act 2017.
This Section reads, “Illegal practice—A person is guilty of the offence of illegal practice if he— (a) is guilty of disorderly conduct near a polling station, canvassing in or near a polling station, interferes with the secrecy of voting, or adversely affects the interests of a candidate; (b) obtains or procures, or attempts to obtain or procure, the assistance of any person in the service of Pakistan to further or hinder the election of a candidate; (c) votes or applies for a ballot paper for voting at an election knowing that he is not qualified for, or is disqualified from, voting;(d) votes or applies for a ballot paper for voting more than once in the same polling station; (e) votes or applies for a ballot paper for voting in more than one polling station for the same election; (f) removes a ballot paper from a polling station during the poll; (g) violates restrictions on publicity laid down in section 180 or restrictions on announcement of development schemes under section 181; (h) violates prohibition on public meetings during a certain period as provided in section 182; (i) fails to comply with section 134 relating to election expenses; (j) carries or displays any kind of weapon or fire arm in a public meeting or procession during campaign period, on the poll day and till twenty four hours after the announcement of the official results by the returning officer; (k) resorts to aerial firing or uses firecrackers and other explosives at public meetings or in or near a polling station; or (l) resorts to violence in any form or manner against an election official or any other person officially deputed to work at a polling station.”
During the hearing of the case, the CEC asked the counsel of the defendant if they had received the inquiry report’s copy. The counsel responded in affirmative but added that further relevant details were still required. The ECP bench directed that the relevant details regarding the inquiry report and the case be provided to the defendant side and adjourned the case.
The NA-45 seat had fallen vacant in June last year following the death of Munir Orakzai from Jamiat Ulema-e-Islam Fazal (JUI-F). PTI’s Fakhar Zaman had secured this seat in February by-poll.
The PEC KP had launched an inquiry into the case after receiving reports of foul play involving postal ballot.
Copyright Business Recorder, 2021
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