By: Qamar Bashir

The elections in Pakistan held on 8th February 2024 were conducted in a tightly controlled environment and were marred by allegations of rigging, malpractices, and altering of election results through manipulation of Form 47, which is crucial for declaring candidates’ outcomes. The Election Amendment Act 2023 provides a remedy for aggrieved parties to seek redress from election tribunals constituted under Section 140 of the Election Act 2023. However, when the Lahore High Court provided judges to head the tribunals, the Election Commission initially employed delaying tactics and later introduced the Election Amendment Ordinance 2024. This ordinance empowered the Election Commission to appoint retired judges as presiding officers of the election tribunals, raising significant concerns.

The original Election Amendment Act 2023 stipulated that election tribunals should include sitting judges appointed in consultation with the Chief Justice of the High Court. This process ensured judicial oversight and impartiality in handling election disputes. By bypassing this consultation, the Election Commission’s appointment of retired judges may compromise the tribunals’ impartiality and undermine public confidence in the election dispute resolution process.This could result in decisions that are biased towards the status quo, thereby legitimizing fraudulent election practices and denying justice to aggrieved parties.

The mover of this ordinance most likely could be the election commission itself  which may also be a defendant in election rigging allegations. By controlling the appointment of presiding officers to the election tribunals, the Election Commission can exert undue influence over the tribunal’s outcomes. This undermines the fairness of the adjudication process and erodes public confidence in the electoral system.

This Ordinance also reflects the perceived conflicts of interest among its key stakeholders. Allegedly, those involved in drafting and approving the ordinance, including the Ministry of Law and Justice, the Cabinet, the Prime Minister, and the Acting President, may also be the beneficiaries of the rigged elections.

This presents a clear conflict of interest, as these individuals and entities may be directly implicated in election irregularities. Allegedly, they are the ones who stand to gain from the ordinance, which compromises the integrity of the electoral process and the principle of natural justice. For instance, candidates from the PTI, who claim their mandate was stolen, may file complaints against these very Public servants. The ordinance appears to shield these stakeholders from scrutiny by empowering the Election Commission to appoint retired judges to election tribunals without judicial consultation, potentially influencing the tribunal’s decisions in their favor.

This Ordinance also seemed to have violated the principle of natural justice, which demands impartiality and fairness in legal proceedings. The conflict of interest inherent in the involvement of those accused of benefiting from electoral fraud in the drafting and approval of the ordinance contravenes fundamental legal principles. Natural justice requires that no one should be a judge in their own cause (nemo judex in causa sua) and that everyone should have the right to a fair hearing (audi alteram partem).

In a hypothetical scenario, if impartial presiding officers were appointed to the Election Tribunals, they would deliver verdicts without any fear or favor. This could potentially result in many complaints being decided in favor of appellants or complainants, thereby fundamentally altering the composition of the National Assembly, as well as the Provincial Assemblies of Punjab, Sindh, and Balochistan. This scenario would necessitate the formation of new governments, effectively dismantling the current power structures and representing a significant blow to those accused of masterminding the election manipulations.

This led to visualization of another hypothetical scenario, if PTI were to form the government alone or in coalition with other parties at the center and in Punjab, it could lead to significant political shifts. In such a scenario, cases against PTI’s founder, leadership, and workers might be quashed. The narrative surrounding the events of May 9 could shift to the opposite direction, effectively resetting the political chessboard with most power pieces in PTI’s control. 

The prospect of such a shift would undoubtedly lead to renewed political and economic instability. The current ruling coalition, facing the risk of losing power, might employ various tactics to maintain control, including further manipulation or delaying tactics. The opposition, empowered by favorable tribunal decisions, would push for immediate changes, creating a volatile political environment. Such an outcome would be highly unacceptable to the entrenched power structures, as it would signify a dramatic loss of influence and control. Consequently, the stakes for controlling the decisions of the election tribunals become even higher, making it imperative for those in power to ensure that tribunal outcomes are favorable to them.

However, the argument’s strength relies heavily on the assumption that independent tribunals would universally rule in favor of the complainants. While this is plausible given the allegations, it’s not guaranteed. Additionally, the consequences of such rulings, while significant, are speculative and contingent on many variables, including the reactions of various political actors and the public.

The ordinance has already been challenged in the Lahore High Court on the grounds that appointing retired judges of the High Court and District Courts undermines the independence of the judiciary and attempts to control tribunal outcomes in favor of candidates who benefited from manipulated election results.

By compromising the integrity of election tribunals, the ordinance potentially deprives candidates and voters of the opportunity to seek genuine redress for electoral grievances. This situation calls for serious judicial review and possible legislative action to restore the original provisions of the Election Amendment Act 2023, thereby upholding the principles of judicial independence and democratic governance.

By: Qamar Bashir

Former Press Secretary to the President

Former Press Minister to the Embassy of Pakistan to France

Former MD, SRBC

Khalid Mahmood

The concept of electric vehicles (EVs) has been around for a long time, with early experiments and prototypes dating back to the 19th century.

In the early 19th century, inventors like Robert Anderson and Thomas Davenport created some of the earliest electric vehicles. These were usually small-scale models or prototypes.

In the late 19th and early 20th centuries, electric cars actually enjoyed a period of popularity, particularly among urban dwellers. They were quiet, clean, and easy to operate compared to early internal combustion engine vehicles. Companies like Baker, Detroit Electric, and Columbia produced electric cars during this time.

Interest in electric vehicles began to revive in the late 20th century due to concerns about pollution and dependence on fossil fuels. Companies like General Motors and Toyota introduced modern electric cars in the 1990s, such as the GM EV1 and the Toyota RAV4 EV.

The real breakthrough came with the founding of Tesla Motors by Elon Musk, Martin Eberhard, and others in 2003. Tesla’s Roadster, introduced in 2008, demonstrated that electric cars could be sleek, high-performance vehicles with significant range. Since then, Tesla has become synonymous with electric cars and has spurred other automakers to invest heavily in electric vehicle technology.

The Governments of European, American and Chinese incentives, stricter emissions regulations, and growing environmental awareness have also played significant roles in the rise of electric vehicles. Many countries now offer subsidies or tax incentives to encourage the adoption of EVs, while others have announced plans to ban the sale of new gasoline and diesel cars in the coming years.

In short, the origin of electric vehicles is a story of innovation, competition, and evolving societal priorities, with early experiments paving the way for the modern electric car revolution.

The future of electric vehicles (EVs) holds significant promise, with several potential effects on human life such as: Environmental Impact, Energy Independence: Health Benefits:Technological Advancements: Economic Opportunities and Urban Planning and Mobility:

In summary, the importance of electric vehicles in modern times cannot be overstated. They represent a sustainable, efficient, and technologically advanced solution to address pressing environmental, energy, and transportation challenges facing society today. By embracing EVs, individuals, businesses, and governments can contribute to a cleaner, healthier, and more sustainable future for all.

Different countries like Norway, China, Germany, United States and Netherlands took different initiatives to promote Electrical Vehicles in the present time. A few initiatives taken by these government are as under: Exempt from import duties, exempted one-time registration tax, Reduced or waived tolls on many roads and bridges.

Granted the privilege of using bus lanes, allowing them to bypass traffic in congested areas. Many public charging stations in Norway offer free electricity, encouraging the use of electric vehicles.

Free or discounted parking in city centers, Credit system for automakers, where they earn credits based on the production and sales of new energy vehicles, Imposed sales quotas for NEVs on automakers. These quotas mandate that a certain percentage of an automaker’s total annual vehicle sales must be new energy vehicles, introduced regulations related to the recycling of batteries used in electric vehicles. These regulations aim to address environmental concerns associated with battery disposal and promote sustainable practices in the electric vehicle industry., Chinese authorities have established product certification and safety standards for electric vehicles to ensure their reliability, safety, and compliance with technical specifications, China has extended its tax exemption policy for new energy vehicles (NEVs) until 2027, Reduced or waived vehicle taxes, Some cities government in Germany announced financial incentives, Access to carpool lanes, and preferential parking for electric vehicles, Partnerships between the government, private sector, and local authorities for EV charging infrastructures, The German government has allocated funds to support the deployment of charging infrastructure. Financial incentives and grants are provided to businesses, municipalities, and organizations to install public charging stations.

The German Government is committed to have 1 million public charging points across the country by 2030.In different European countries, the tax credit ranges from $2,500 to $7,500 per vehicle at Federal Level. Some states in Europe provide their own tax credits for electric vehicle purchases, which can be applied in addition to the federal tax credit. The states also offer special license plates for electric vehicles, often providing additional benefits such as free parking or reduced tolls. Educational programs to raise awareness about the benefits of electric vehicles. These programs may include outreach events, workshops, and informational resources for consumers.

Public & private collaborations to install public charging stations in strategic locations such as urban areas, shopping centers, parking lots, and along highways.

The U.S. Customs and Border Protection (CBP) announced rates of Auto: 2.5%, Trucks: 25%, Motorcycles: 2.4% including exempt from the BPM (import tax) & Registration.

The Pakistani government started offering various incentives a few years ago in an effort to encourage the use of electric vehicles in the country. Without a doubt, these actions will boost the nation’s economy and generate new employment opportunities. Nevertheless, Pakistan’s government hasn’t taken the necessary action to encourage more electric vehicles, unlike those in Europe and East Asia. Promoting electrical vehicles in the nation is hampered greatly by the established automakers in the nation.

In the upcoming budget for Fiscal Year 2024–2025, the government ought to take into account and declare the following practical measures to encourage electrical vehicles.

To import CBUs units: Sale tax (18%), Income tax (12%), additional custom duty (7%) be exempted for at least 2 years. Such measures will help to decrease import of gasoline products and save the foreign currency.

Engineering Development Board – Provincial Assembling / OEM-SKD/CKD certificate be issued under a specific time framework. No lead acid batteries are allowed to be used in any category of EVs. (Lithium iron phosphate battery (LiFePO4) be used).

The vendors must give specific guaranty of batteries. (for 2 & 3 Wheelers minimum 2 years and for 4 Wheelers Upto 5 Years or 120,000KM) Special incentives and grants are given for R&D to different universities/ organizations to develop new EVs projects.

Grants are provided to different educational institutions to train human resources development for local and international markets including Scholarship to deserving students.

Only certified human resource should allow to work with industry.

The Higher Education Commission should prepare a curriculum for BS & MS level including the needs of future technology, vehicle design and soft skills.

EV/ Battery & Motor Quality Standards: According to Pakistani culture and requirement quality & safety standards be adopted.

Standards required for the construction and operation of charging stations, as well as technical specifications for charging connectors.

Special Financial loans policy is required from States Bank, incentives from city governments for charging stations network.

All new filling stations must have EV charging facilities. All present oil marketing companies are directed to provide the EV charging facilities on priority basis (PSO, Shell, Total, etc.) NEPRA should announce a special discounted rate for EV charging companies. Special Green plates are provided to all EVs to promote the EVs industry.

The writer is the CEO, Pak-China Huazi Green Energy (Private) Limited

https://www.linkedin.com/in/khalid-mahmood-46056a195