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PROPOSALS FOR ELECTORAL REFORMS

 

August 2010


Policy Brief No. 3
All rights reserved
Printed in Pakistan

 












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The CGEP believes that the time to consider and institute required Electoral Reforms in the country is NOW. The elected political government, Parliament and the new administration of the Election Commission of Pakistan are well-aware of the challenges of the existing electoral system. A firm political will and commitment to reform at this stage, with support from citizens and the media, therefore, can enable the country to put in place the Electoral Reforms that can truly provide a level-playing field to all and fulfill the criteria of free, fair and credible elections in Pakistan. The policy brief on the updated proposals on Electoral Reforms by CGEP, therefore, is a sincere contribution to this process at this crucial stage.

This Policy Brief, while outlining key proposals for Electoral Reforms by the CGEP takes into account the developments that have occurred in this regard in the shape of 18th Constitutional Amendment as well as the Election of Commission of Pakistan's Five-Year Strategic Plan 2010-2014 unveiled by the ECP on May 25, 2010.

The CGEP, alongside PILDAT had actively offered recommendations and suggestions to both the Parliamentary Committee on Constitutional Reforms ahead of the finalization of the 18th Constitutional Amendment and the Election Commission of Pakistan. Alongside sharing the written CGEP Proposals for Electoral Reforms, CGEP members and the PILDAT had also held detailed interactions with the two in this regard. This Policy Brief, therefore, notes and highlights relevant contents of the 18th Constitutional Amendment and the ECP's Five-Year Strategic Plan 2010-2014 as developments and achievements against the CGEP proposals for Electoral Reforms.
 

     
     
     
     
     

PROPOSALS FOR ELECTORAL REFORMS

 

April 2010


Policy Brief No.2
All rights reserved
Printed in Pakistan

 












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This Policy Brief includes proposals regarding computerized Electoral Roll and enrollment as a Voter at the time of making of Computerised National Identification Cards (CNICs) using NADRA's expertise. The Brief contains proposals about placing checks on the office of the President and the Governors from influencing the electoral process. The disclosure and declarations by the candidates should be made public before every election, demands CGEP while offering proposals for an inclusive method of appointment of the Chief Election Commissioner (CEC) and the need for changing the eligibility criteria for the post of the CEC. The Election Commission should compose of permanent members, the CGEP proposes while advocating reforms such as live posting of polling stations wise (progressive) voting results on the ECP website; an agreed Code of Conduct by political parties; strict compliance of Laws by the ECP to control Government influence; setting up of a realistic ceiling on maximum election expenses and application of electoral rules and laws on all. The CGEP also proposes a system of appointing Election Observers from amongst public officials by the ECP in every district to ensure compliance of electoral rules and laws and to report back to the ECP in time for action.

     
     
     
     
     

PROPOSALS FOR ELECTORAL REFORMS

 

March 2010


Position Paper
All rights reserved
Printed in Pakistan
ISBN:
978-969-558-158-2

 












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In one of its key publications, the Group outlined a set of required Electoral Reforms in Pakistan in September 2007 and revised in 2008 after consultation with different stakeholders. This paper was shared with the policymakers of the time, political parties, media and other segments of the civil society. The Electoral Reform proposals have been updated in March 2010.

The CGEP believes that the time to consider and institute required Electoral Reforms in the country is now. The elected political government, Parliament and the new administration of the Election Commission of Pakistan are well-aware of the challenges of the existing electoral system. A firm political will and commitment to reform at this stage, with support from citizens and the media, therefore, can enable the country to put in place the Electoral Reforms that can truly provide a level-playing field to all and fulfil the criteria of free, fair and credible elections in Pakistan. The updated proposals on Electoral Reforms by CGEP, therefore, are our sincere contribution to this process at this crucial stage. This paper has been prepared by PILDAT under the project titled Electoral and Parliamentary Process and Civil Society in Pakistan, in partnership with the East-West Centre, Hawaii and supported by the United Nations Democracy Fund.
 

     
     
     
     
     

STATE OF ELECTORAL ROLLS IN PAKISTAN

 

March 2010


Background Paper
All rights reserved
Printed in Pakistan
ISBN:
978-969-558-156-3

 












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In a democracy, holding of free and fair election depends on the up-to-date and error-free Voters List. According to the Constitution of Pakistan, the Chief Election Commissioner is charged with the crucial responsibility of preparing and making available a correct and complete enrolment of all eligible voters.

 

In Pakistan, the Election Commission, for the first time in the history of the country, announced to prepare Computerised Electoral Rolls in April 2006 ahead of the General Elections. The process of preparing of fresh Electoral Rolls raised many questions about the manner in which the exercise was undertaken. After the display of draft Electoral Rolls in June 2007, it was estimated that around 28 Million or around 33 % of eligible voters remained unregistered. The Supreme Court of Pakistan, deciding on a petition moved by the PPP Chairperson regarding approximately 28 Million missing voters in the new list, ordered the ECP to include in the new list all those voters who were in the 2002 Voters List but have not been enrolled. The Electoral Rolls used in February 2008 General Elections, therefore, contained approximately 81 Million voters.

 

It remains the Constitutional responsibility of the Election Commission of Pakistan to update the Electoral Rolls annually. While the next General Election is due by 2013, the Local Government Election is expected to be held during 2010 and it is necessary that the Electoral Rolls in Pakistan are error-free ahead of any elections in Pakistan.

 

This paper traces the progress on Computerised Electoral Rolls in Pakistan after February 2008 General Election, note the progress in removing issues identified in Computerised Electoral Rolls, and the new round of collaboration between the ECP and the NADRA to produce accurate Electoral Rolls for future elections. The paper also identifies some key questions that need to be addressed in order to restore people's faith in the Electoral Rolls in particular and the electoral process in general.
 

     
     
     
     
     

Proposals for Electoral Reforms in Pakistan
(Revised in December 2008)

 

December 2008


Position Paper
All rights reserved
Printed in Pakistan
ISBN:
978-969-558-136-0

 












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The Citizens Group on Electoral Process - CGEP, a non-partisan group comprising a number of well-known personalities from the media, legal profession, civil society and former members of the superior judiciary and armed forces, etc. was facilitated by PILDAT in December 2006 a year ahead of General Elections in Pakistan in order to regularly monitor and examine the electoral process leading up to General Election. The CGEP worked from December 2007-to post General Elections held in February 2008 to timely identify communicate and offer solutions to rectify issues relating to the electoral processes.

 

At the time of conclusion of its work and mandate after the February 2008 General Election, CGEP looked further into the regional scenario of elections and decided to prepare and share a revised set of electoral reforms that are contained in this paper. The Revised Electoral Reforms take into account the lessons learnt through a regional dialogue, especially those from Bangladesh, India and Sri Lanka.

     
     
     
     
     

GENERAL ELECTION 2008


Report

Citizen's Group on Electoral Process

 

November 2008


Report
All rights reserved
Printed in Pakistan
ISBN:
978-969-558-134-6

 












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The Citizens Group on Electoral Process - CGEP, a non-partisan group comprising a number of well-known personalities from the media, legal profession, civil society and former members of the superior judiciary and armed forces, etc. was facilitated by PILDAT in December 2006 a year ahead of General Elections in Pakistan in order to regularly monitor and examine the electoral process leading up to General Election. The CGEP worked from December 2007-to post General Elections held in February 2008 to timely identify communicate and offer solutions to rectify issues relating to the electoral processes. This Report presents an overview of the work of CGEP.

     

HOW INDEPENDENT IS THE ELECTION COMMISSION IN PAKISTAN?


The CGEP Paper Analyses the Constitutional Powers of the ECP with that of the Election Commission of India

 

February 2008


Background Paper
All rights reserved
Printed in Pakistan
ISBN:
978-969-558-071-4

 













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When electoral reforms are discussed in Pakistan, generally, political parties and other stakeholders complain of lack of “powers” and “independence” of the Election Commission of Pakistan (ECP) as the key institution constitutionally charged with the responsibility of holding free and fair elections in Pakistan. But, is the Election Commission really powerless in terms of efficient discharge of its responsibilities? What constitutes “independence” and what are the needed “constitutional powers” for the ECP after attaining which the ECP will be able to perform its functions better? How do the powers of the ECP compare with those of the Election Commission of India (ECI), revered within and outside India as an independent and powerful institute?

 

This background paper, prepared especially for the Citizens Group on Electoral Process - CGEP, looks at the powers and functions of the ECP in an attempt to answer the question: How Independent is the Election Commission in Pakistan? Authored by Mr. Saleem Qazi, Former Former Joint Secretary, Election Commission of Pakistan and reviewed by legal input from CGEP, the paper discusses in detail available powers and privileges of the ECP, comparing those with the ECI. The paper concludes it is not the lack of Constitutional powers of the ECP that holds it back, but it is the lack of effective implementation of those powers that makes the ECP suffer from a deficit of trust in the Pakistani society.

 

     
     
     
     
     

THE CALCULUS OF ELECTORAL POLITICS
IN PAKISTAN (1970-2008)

 

January 2008


Background Paper
All rights reserved
Printed in Pakistan
ISBN:
978-969-558-066-0

 












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Based on the electoral analysis of Dr. Ijaz Shafi Gilani, Chairman Gallup Pakistan and an esteemed member of the Citizens Group on Electoral Process – CGEP, the paper on The Calculus of Electoral Politics in Pakistan (1970-2008) analyses the voting patterns across Pakistan during the past 8 nation-wide elections to assess the prospects of Election 2008.

The paper is an attempt to go beyond the popularly-held perceptions in Pakistan on the likely outcome of the coming election and assesses the scenario based on scientific data of the past elections. The analysis of the voting pattern of the past is of
special significance in the backdrop of the tragic demise of Mohtarma Benazir Bhutto, Chairperson of the Pakistan People’s Party (PPP) and the widespread perception that the PPP may “sweep” the polls on the crest of a “wave of sympathy” for Ms Bhutto. The author provides the necessary historical data on voting patterns to judge whether or not this perception is valid. In
the author’s view the outcome of the 2008 elections is still unpredictable.

Dr. Ijaz Shafi Gilani holds a doctorate from MIT and is considered an authority in the study of Pakistani Elections as well as a specialist in Public Opinion research. Under his leadership, the Gallup, Pakistan has studied the past 8 nation-wide elections. The paper is based on the invaluable research and analysis of the past elections.
 

     
     
     
     
     

A DISPASSIONATE ANALYSIS OF HOW ELECTIONS ARE STOLEN AND
WILL OF THE PEOPLE IS DEFEATED

 

January 2008

Reflection on the Electoral History of Pakistan (1970-2008)

Background Paper
All rights reserved
Printed in Pakistan
ISBN:
978-969-558-067-7

 












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In view of the debate surrounding the credibility and fairness of the upcoming General Elections in early 2008, this paper provides a background of the atmosphere in which past elections were held in Pakistan. The paper contends that the past eight General Elections in the country are widely perceived to be rigged or flawed and emphasizes the need for fair and credible elections that may lead to the long sought after political stability in the country.

Authored by Dr. Ijaz Shafi Gilani, Chairman Gallup Pakistan, the paper assesses the fairness of the past elections in Pakistan by examining in detail the environment surrounding the same from the year 1970-2008.

     

FACT FINDING MISSION TO ATTOCK

 

January 2008

Report

Background Paper
All rights reserved
Printed in Pakistan
ISBN:

 












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The Citizen's Group on Electoral Process - CGEP undertook an Electoral Fact Finding Mission to District Attock on Tuesday, January 15, 2008. The CGEP Fact Finding Mission, under the leadership of CGEP Chairman, Justice (Retd.) Saeed uz Zaman Siddiqui, met and interacted with the District Nazim Attock; the DCO; the DPO; the District Returning Officer; the three Returning Officers, Candidates for National and Provincial Assembly Constituencies belonging to the PML-N, PML-Q, PPP, MMA and Independents, the Assistant Election Commissioner and the local News Media.

This report has been compiled based on the findings of the CGEP Fact Finding Mission to Attock in the light of various complaints received to the CGEP from the district.

     

FACT FINDING MISSION TO GUJRAT AND SIALKOT

 

February 2008

Report

Background Paper
All rights reserved
Printed in Pakistan
ISBN:
978-969-558-075-2

 













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The Citizen's Group on Electoral Process - CGEP undertook two Electoral Fact Finding Missions to the Districts of Gujrat and Sialkot on February 7 and February 8, 2008 respectively. At both cities, the CGEP Fact Finding Mission interacted with the contesting candidates from different political parties, the District Administration, the District Returning Officers and the local new media to guage the pre-electoral environment. This report presents CGEP's findings and analysis based on these interactions.

     

FACT FINDING MISSION TO THATTA AND BADIN

 

February 2008

Report

Background Paper
All rights reserved
Printed in Pakistan
ISBN:
978-969-558-076-9

 













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The Citizen's Group on Electoral Process - CGEP undertook an Electoral Fact Finding Mission to the Districts of Thatta and Badin on February 12, 2008. At both cities, the CGEP Fact Finding Mission interacted with the contesting candidates from different political parties, the District Administration, the District Returning Officers and the local news media to guage the pre-electoral environment. The report presents CGEP's findings and analysis based on these interactions.

     

SCORE CARD ON PRE-POLL FAIRNESS
Part 1: December 2006 – December 2007

 

January 2008

Election to the National and
Provincial Assemblies in Pakistan - 2008

Background Paper
All rights reserved
Printed in Pakistan
ISBN:
978-969-558-065-3

 












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Citizen's Group on Electoral Process CGEP has termed the pre-electoral process leading up to General Election 2008 to be highly unfair. In a CGEP Pre-Election Assessment Report with a Score Card on Pre-Poll Fairness, the Group, which has been meeting since December 2006 under the auspices of PILDAT, has carried out a systematic and continuous review of the Pre-poll electoral process spanning over a period of around 13 months starting from December 2006 up to December 31, 2007.

“A careful assessment of the entire period of the Pre-poll election process leaves no doubt that the process had been highly unfair. The prospects for the fairness of remaining phases of the electoral process appear to be very slim. In fact, after such a thoroughly unfair pre-poll process, the need for any manipulation in the polling-day process and post-election process should be drastically reduced,” the CGEP pre-poll fairness assessment report concludes. However, the report warns that in case the popularity of the former ruling parties takes a hit in the remaining days, as apparently is the case due to the recent assassination of Mohtarma Benazir Bhutto, one of the worst wheat crisis in the country and the worst electricity outages on a daily basis, the compulsions for manipulation and rigging of the remaining phases of election will increase and one may witness desperate acts to get the desired election results.

     
     
     
     
     
       

ELECTIONS 2008

December 2007

A Comparative Analysis of Election 2008 Manifestoes of Major Political Parties

Background Paper
All rights reserved
Printed in Pakistan

ISBN: 978-969-558-064-6

The Analysis of Election 2008 Manifestoes of major Political Parties of Pakistan is an attempt to showcase the pledges, promises and policies of the political parties on issues that they feel are important for the Pakistani electorate. The 2008 Election takes place in the backdrop of a dense political, constitutional and security environment with the electorate complaining of ever-increasing inflation and high cost of living. The issues such as the role of the military in politics, independence of the judiciary and the reinstatement of deposed Judges, insurgency in tribal areas, centre-provinces relations, economic uplift of the people, etc., all make part of news headlines in the period of preceding election. This study analyses how the leading political parties of Pakistan that are supposed to have their hands on the pulse of the people, respond to these issues and what policies do they propose for addressing these issues.

 

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    NATIONAL RECONCILIATION ORDINANCE - NRO 2007  
 

November 2007

Analysis and the Impact on the General Election

Background Paper
All rights reserved
Printed in Pakistan

ISBN:
978-969-558-062-2

 












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The National Reconciliation Ordinance (NRO) was issued, amidst a lot of public hostility against its perceived and reported content, on October 5, 2007. This background paper has been prepared especially for the benefit of the members of the Citizens Group on Electoral Process (CGEP) and the public to provide detailed background and analysis of the National Reconciliation Ordinance 2007 in order to promote an informed debate in the public domain on whether or not political parties and the executive are justified in condoning the alleged excesses and financial embezzlements by political leaders, former/current Members of Parliament and other individuals. Since the timing of the NRO coincided with the Presidential Election and the coming General Election, the paper especially examines its impact on the Election.
The NRO is believed to be promulgated as a part of a broader understanding between Gen. Musharraf and the PPP which included that the PPP will assume a certain posture and position during the Presidential and the General Election. The Analysis and Impact of the NRO is especially assessed in the paper on the General Election.

Authored by Mr. Shahid Hamid, Senior Constitutional Lawyer, former Governor Punjab and former Minister of Defence, the paper examines in detail various clauses and legal aspects of the issuance and applicability of the NRO.
 

     
     
     
     
     
   

A COMPARATIVE ANALYSIS OF THE CGEP-PROPOSED ELECTION CODE OF CONDUCT WITH THE ECP DRAFT ELECTION CODE OF CONDUCT

 
 

October 2007


Background Paper
All rights reserved
Printed in Pakistan

ISBN:
978-969-558-063-9

 

The Citizens Group on Electoral Process - CGEP, facilitated by PILDAT, had issued a proposed Election Code of Conduct for adoption by Election Commission of Pakistan, and Political Parties in July 2007. The Group had urged the ECP and the Political Parties to come together to agree on a set of rules for elections to provide a level-playing field to all stakeholders for free and fair
general election. The CGEP had also urged that the key stakeholders thoroughly consider this proposed Code of Conduct and voluntarily adopt a code as early as possible.

On October 24, 2007, the Election Commission of Pakistan issued a Draft Election Code of Conduct. The background paper reviews the ECP Code with the CGEP-proposed Code to examine similarities and flag critical areas that require attention. The background paper has been prepared by PILDAT to facilitate the comparison by the political parties, media and the public before the ECP finalises and issues a Code of Conduct for General Election.
 

 

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PROPOSED ELECTORAL REFORMS

 
 

September 2007

 

Position Paper
All rights reserved
Printed in Pakistan

ISBN:
978-969-558-055-4

 
 

The CGEP Position Paper on Proposed Electoral Reforms presents electoral reform proposals in key areas ranging from appointment of Chief Election Commissioner to suspending of local governments at the time of elections; monitoring and implementing limits on election expenses to advanced public announcement of polling scheme; efficient working of election tribunals to posting of polling-station wise (progressive) results on the Election Commission web site, and appointment of neutral caretaker government by consensus.

 

CGEP strongly feels that the Government of Pakistan and the Election Commission of Pakistan should adopt, implement and announce the required electoral reforms at this stage. Whereas it is the responsibility of the Government and the ECP to consult all political parties on key reforms, it is equally important from the larger citizens' standpoint that ECP takes steps that not only assert its fairness and independence but provide level-playing field to all in elections.

 
 

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PRESIDENTIAL ELECTION 2007
Constitutional, Political and Ethical aspects of General Pervez Musharraf seeking Election for another term

 
 

June 2007

Position Paper
All rights reserved
Printed in Pakistan

ISBN:
978-969-558-041-7

 













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The coming Presidential Election has assumed an extraordinary significance in the country. A large number of people believe that the timing and result of the Presidential election will mainly determine the outcome of the General Election. Eligibility of the incumbent to contest the coming Presidential Election while he holds the position of the Chief of Army Staff or after he decides to relinquish that position is one of the key issues surrounding the coming election. Constitutionality and legality of the current assemblies, whose term and mandate is about to expire on dates ranging from November 15, 2007 to December 11, 2007, as the Electoral College for the coming Presidential Election is a subject of intense debate in the country. Many argue, from the point of political morality, that the current assemblies whose mandate is about to expire, can not give fresh mandate to the President.

 

The CGEP position paper on the Presidential Election 2007 carries analysis of various legal and constitutional aspects with regards to President-Army Chief Gen. Pervez Musharraf seeking election from the current assemblies and concludes that there are serious constitutional issues and anomalies that stand in the way of the incumbent's election from the existing electoral college.

 

The paper carries in detail the considered view of the Citizens Group on Electoral Process (CGEP) that President-Army Chief Gen. Pervez Musharraf is neither qualified to seek election for another term as President of Pakistan, nor he can seek Presidential election by the current assemblies. It is also the considered view of the CGEP that General Musharraf can not seek election to the office of President (or for that matter any public office) while he is holding the office of profit as Chief of Army Staff. He will be eligible to seek such election when a period of two years has elapsed since he ceases to be the COAS.

 

 

 

PROPOSED MODEL CODE OF CONDUCT FOR GENERAL ELECTION 2007/2008

 

June 2007

Position Paper
All rights reserved
Printed in Pakistan

The CGEP Position Paper on Proposed Model Code of Conduct for General Election 2007/08 carries complete text of the proposed Election Code of Conduct prepared and proposed by the Citizens Group on Electoral Process. The Code of Conduct is proposed for adoption by Election Commission of Pakistan, and Political Parties.

 

The CGEP-proposed Codes of Conduct is different from earlier election codes of conduct of Pakistan in the respect that it specifically focuses on the role of the President of Pakistan, the office that has not been covered by previous codes of conduct in the country. “A model code of conduct has to provide a meaningful solution to the specific challenges of the day,” the CGEP believes. The code also brings into its fold the Local Governments widely perceived to be the vehicles of election rigging in the previous general election and proposes that the local government Nazims and Naib Nazims should be made non-functional with effect from the date of announcing of election schedule till the finalisation of election results. The code also devotes a section to the Caretaker Government and proposes that the caretaker governments should be installed in consultation with the political parties represented in the Parliament. Another key clause of the proposed code of conduct lays down the rule that no advertisement, notice or announcement paid for from public funds shall carry the explicit or implicit reference, name, designation or photo of any public functionary or holder of a state or public office to project him/her as the originator, sponsor, promoter or organiser of any scheme, project, progress, ideology or vision. The code prohibits a political party to exceed the amount of fifty million rupees in publishing or broadcasting its advertisements while it completely bars individual candidates from advertising on the electronic media and cable networks. The code covers in detail rules and general guidelines regarding the election campaign and takes into account various aspects such as holding of rallies, the responsibility of law and order, use of speakers and the sizes of banners and hoardings, etc., as well.
 

 

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FRESH ELECTORAL ROLLS IN PAKISTAN

 
 

June 2007

Position Paper
All rights reserved
Printed in Pakistan

ISBN:
978-969-558-045-5

 












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Given the serious nature of the exercise of preparing fresh electoral rolls and its impact on fair elections, the Citizens Group focussed on the issue as early as January 2007 and prepared a working paper after holding a series of discussions with the ECP, the NADRA as well as various other stakeholders. The CGEP Position Paper embodies the earlier research on the issue combined with the research carried out after the display of draft electoral rolls across Pakistan in June 2007.

 

The position paper provides a background to the issue of fresh electoral rolls as well as examines various key questions regarding the process of preparation and availability of fresh computerised electoral rolls for the coming General Election. These include the inexplicable huge drop in the number of voters; the lack of use of NADRA database for preparing computerised electoral rolls; the ECP’s insistence upon not sharing draft electoral rolls with political parties or to provide those online at its website citing “legal” restrictions; the ECP’s disagreement with the demand to extend the display period from notified 21 days and the cumbersome and complicated process of registration of new voters or the correction/objection process to those already registered, etc.

 

     
     
     
     
     
       
       
       
       

Copyright @ CGEP 2007 - 2010