Election Petitions in Pakistan Face Dismissal Due to Non-Prosecution

Islamabad: Election petitions filed following the General Election 2024 in Pakistan are facing significant challenges, as many have been dismissed due to non-prosecution. The Free and Fair Election Network (FAFEN) has highlighted the issue of petitioners failing to appear at various stages of the trial, leading to the dismissal of their cases.

According to FAFEN, the Election Tribunal has the authority under Section 164 of the Elections Act 2017 to dismiss petitions if petitioners do not appear on scheduled dates. This section also allows the tribunal to impose costs on petitioners who fail to pursue their cases. The law underscores the importance of commitment when filing such petitions, warning against filing them for political reasons without the intention of seeing them through.

For respondents, Section 164 serves as a procedural safeguard, enabling them to avoid engaging with the petition’s substantive claims if the petitioner is absent. This provision emphasizes the necessity for petitioners to remain actively involved in their cases to avoid dismissal and potential financial penalties.