Update on Overseas Voting Legal Petition
Lahore High Court Hearing on 24-May-2022
· Justice Shujaat Ali Khan, in the last date hearing had directed the representatives of Nadra, Ministry of law and justice, Overseas Pakistanis and Secretary Election Commission of Pakistan to appear before the honourable court and report regarding the Overseas voting system.
· Today the Secretary of the Election Commission of Pakistan, who had to discuss the strategic planning and fiscal constraints relating to the I voting system for overseas, was unable to attend the hearing. The counsel representing the Election Commission of Pakistan had filed a written adjournment.
· Justice Shujaat Ali Khan stated the right of overseas Pakistani under Section 94 of the Elections Act 2017 cannot be applied until and unless a software system has been built to facilitate the overseas Pakistani.
· The representatives of the Federal law Ministry stated that they are ready to provide a budget for the Election Commission of Pakistan’s Internet Voting system, but they have never been asked to provide financial assistance since 2018.
· The representatives of Nadra on the other hand are of the view that they already tried to formulate in collaboration with the Election Commission of Pakistan for overseas voting. A system was created especially for the 2018 elections but unfortunately, while running the sample test a systematic error showed up. An international Company was also involved in advice on the structuring of the system. The only way to bring i-voting into effect is to redo the system entirely as suggested.
· NADRA felt, there is uncertainty as to when the Election Commission of Pakistan will sign a contract because after it is signed the deadline for making the electronic voting system will be set up. This can take more than a year.
· Our counsel Ali Ibrahim asked the judge to initiate the doctrine of continuous mandamus so the judge can direct the Election Commission of Pakistan and Nadra to fulfil their obligations/duties timely. The judge will consider the continuous monitoring once they have spoken to the Chairman and Secretary of the Election Commission of Pakistan who were absent on the hearing date (24th May)
· The next date of hearing is on June 14, 2022, when the Secretary of the Election Commission of Pakistan shows up he will further guide on the time/framework of the I voting system.