Senate panel passes bill to amend Elections Act

ISLAMABAD: The Senate Standing Committee on Parliamentary Affairs Monday passed a bill to amend the Elections Act, 2017, removing acronym ‘FATA’ from Form-A (for Senate polls only) and Section 232 of the Act.

The committee also questioned the total election costs in 2024 compared to those incurred through postal balloting, amounting to Rs47 billion. However, details of the costs associated with I-voting were not provided. The forum requested updated figures on the census and associated costs. The committee’s inaugural meeting, presided over by its Chairman Dr. Humayun Mohmand here, was informed that the Election Commission of Pakistan (ECP) had requested to amend Section 232 of the Elections Act, 2017, and to remove the acronym FATA, following the merger of FATA into Khyber Pakhtunkhwa through the 25th constitutional amendment. These amendments would be incorporated into the Elections (Amendment) Bill, 2024, which was endorsed by the committee.

The participants included Senators Syed Ali Zafar, Khalida Ateeb, Pervaiz Rasheed, Sarmad Ali, and Senator Taj Haider. Secretary parliamentary affairs, secretary ECP, and other senior officials from related departments were also present. Section 232 of the act reads: Qualifications and disqualifications.-(1)The qualifications and disqualifications of a person to be elected, chosen or to remain as a member of the Majlis-e-Shoora (Parliament) or a Provincial Assembly shall be such as provided for in Articles 62 and 63 of the Constitution: Provided that the procedure, manner and duration of the qualifications and disqualifications under this section shall be such as specifically provided for in the relevant provisions of Articles 62 and 63 of the Constitution and where no such procedure, manner or duration has been provided for therein, the provisions of this Act shall apply.

(2) Notwithstanding anything contained in any other provisions of this Act, and other law for the time being in force and judgment, order or decree of any court, including the Supreme Court and a High Court, the disqualification of a person to be elected, chosen or to remain as a member of the Majlis-e-Shoora (Parliament) or a Provincial Assembly under paragraph (f) of clause (1) of Article 62 of the Constitution shall be for a period not exceeding five years from the declaration by the court of law in that regard and such declaration shall be subject to the due process of law.

The committee extensively discussed the reasons for rejecting the proposal to introduce electronic voting machines (EVMs) and an I-voting system for general elections, by-elections, and local government elections in Pakistan.

It was clarified that the ECP neither declined nor showed reluctance to adopt EVMs or I-voting systems. Pilot tests of EVMs, Biometric Verification Machines (BVMs), and overseas voting were conducted as per legal provisions. The committee was briefed that procuring 150 EVMs costs Rs110 million, which is deemed expensive given the current economic conditions of the country. The ECP secretary highlighted concerns about the vulnerability of EVMs to tampering, which could jeopardize the integrity of election results. Despite efforts in research and development on EVMs and I-voting systems, the committee chairman inquired about the timeline for completing a full pilot study, noting that a decade has already passed since the project’s inception. However, the ECP was unable to provide a definitive response, while mentioning that reports on pilot projects were submitted to the Ministry of Parliamentary Affairs for consideration by Parliament, but no feedback had been received thus far.

During discussions on the financial implications of electronic voting machines, it was suggested to explore the affordability of the Indian model, given India’s status as the world’s largest democratic state. The committee, together with the ECP, resolved to advance towards implementing e-voting or any other voting mechanism for overseas Pakistanis and to reach a consensus on the matter. The chairman stressed the importance of including overseas Pakistanis in the electoral process, whereas Senator Sarmad Ali voiced strong objections, questioning the voting rights of overseas Pakistanis who do not contribute to Pakistan’s economy. The committee has sought a proposal for postal balloting for overseas Pakistanis in the next meeting, and also discussed potential legislative amendments to enable voting rights for overseas Pakistanis.