AYESHA A. MALIK J. The petitioner is contesting the bye-election in NA 120 scheduled for 17.9.2017, as a candidate of Pakistan Tehrek-e-Insaf. After issuance of the election schedule, the Petitioner approached Respondent No,2, Provincial Election Commission, Punjab with a request to provide a certified copy of the complete voters list for NA-120 which request was acceded to. However subsequent thereto the Petitioner came to know that there are 29,607 voters in NA-120 who cannot be verified by the National Database and Registration Authority ("NADRA"). Learned counsel for the Petitioner argued that the Petitioner has time and again requested Respondent No,2 for providing the list of 29,607 voters who have not been verified by NADRA. The Respondent No,2 instead of facilitating the Petitioner has delayed the matter without looking for any plausible solution on this issue. Learned counsel further argued that the Election Commission of Pakistan ("ECP") is required to maintain the correct electoral rolls which must be duly verified so that only qualified person's names are entered on the electoral rolls. He explained that if the finger prints of 29,607 voters cannot be verified by NADRA it casts a doubt on the authenticity of the voter. Learned counsel argued that Respondent No,2 should have an alternate method to verify the 29607, voters since NADRA is unable to verify the same as it does not have the finger print data of these voters in its system. He submitted that this is necessary for the benefit of all the voters and will ensure free and fair elections.
2. In response to the notices issued by this Court, report and parawise comments have been filed on behalf of Respondents No,1 to 3. Chaudhary Umer Hayat, Director Legal in the office of Respondent. No,2 explained that the polling in the bye-election will be, for the first time, through biometric machines which is essentially a pilot project launched by Respondent No,2 for using biometric machines in the election. process. The biometrics of the voters was obtained from NADRA for the purposes of using biometric machines and the data will not in any manner affect the outcome of the election. He further explained the fact that NADRA could not verify the voters does not mean that the voter cannot vote nor does it suggest that the voters are bogus. It is simply a requirement for the purposes of using the biometric verification machines. He also explained that only 39 polling stations will be using biometric machines out of a total of 220 polling stations. The biometric data therefore is only to facilitate the pilot project in the 39 polling stations. Therefore he stated that voter without finger print verification by NADRA are still legitimate voters and their votes cannot be cancelled. If the Petitioner has any objection against any particular voter, she must identify the voter and raise the objections as required under the Representation of Peoples Act, 1976 and the Representations of the People (Conduct of Election) Rules, 1977.
3. Heard and record perused.
4. The basic issue is with respect to the verification of 29,607 votes by NADRA. As per the record, Respondent No,2 made a request on 11.8.2017 to NADRA for sharing biometric data of the voters of NA-120, Lahore for verification purposes. NADRA provided the required data on 17.8.2017. The data contains the finger prints and photographs of the voters. NADRA also informed the ECP through its letter dated 31.8.2017 that the information of 29,607 voters was missing from the data provided to the ECP on 17.8.2017 as they did not have biometric data of those voters. NADRA further explained through its letter dated 1.9.2017 that the finger print of 27,121 voters are not available with NADRA because their CNICs were issued prior to the induction of the biometric machines in NADRA. 2271 voters are NICOP (National Identity Card for Overseas Pakistani) holder, hence their biometric are not available with NADRA. Further that the finger print of 215 voters were not available at the time when the data was prepared by NADRA, however subsequent thereof they modified their data.
Alongwith the letter of 1.9.2017, a CD containing the total list and details of 29,607 voters was sent by NADRA.
5. The 'grievance of the Petitioner is that since NADRA has highlighted and the ECP has confirmed that the finger print of 29,607 voters in NA-120 cannot be verified by NADRA, the validity of 29,607 voters may become a cause to raise objections as permissible under the law. In order to do so, the Petitioner requires the names of 29,607 voters so that the Petitioner alongwith all other contesting candidates are aware of the names of the voters who have not been verified by NADRA. During the course of arguments, counsel for the Petitioner stated that the Petitioner does not press for cancellation of the votes but merely request that the list of 29,607 voters be provided to the Petitioner to ensure that the election process is free and fair. This request is made because the admitted position is that NADRA does not have finger print of 29,607 voters, therefore NADRA cannot certify the authenticity of the voters, if required.
6. The request of the Petitioner is tenable. Admittedly the finger prints of 29,607 voters cannot be verified by NADRA, meaning thereby that if there is any objection with respect to the verification of these voters, they will have to adopt some other means to verify the authenticity of the voters as NADRA will not be able to do the same. Under the circumstances, no prejudice is caused if the names of 29,607 voters are published by Respondent No,2 before the election and make available to the Petitioner or any other contesting candidate prior to the polling scheduled on 17.9.2017.
7. In view of the aforesaid, the Respondents No,1 to 3 are directed to immediately publish and make available the list of 29,607 voters who have not been verified by NADRA prior to the election scheduled for 17.9.2017.
8. Disposed of in the above terms.