Islamabad: In a significant case highlighting transparency concerns, investigative journalist and Right to Information (RTI) activist Saddia Mazhar filed an information request with the Election Commission of Pakistan (ECP) under the Right of Access to Information Act 2017. She sought details about the provisional results compilation process and adherence to Section 13(3) of the Elections Act 2017, which mandates Returning Officers (ROs) to electronically communicate results to the ECP by 2 AM on the day following the polling.
On January 2025, Mazhar formally requested information regarding compliance with this law, specifically asking whether all ROs had submitted their results by the mandated deadline in previous elections and if not, the reasons for delays. However, the ECP responded vaguely, stating that the information did not fall under the category of ‘public record’ as defined by the Right of Access to Information Act. The ECP’s legal consultant, Falak Sher, represented the commission and argued that the requested information was exempt from disclosure under Sections 5 and 6 of the Act.
Unconvinced by the response, Mazhar challenged the ECP’s refusal, asserting that the information was of significant public interest. She emphasized that under election laws, the timely release of election results is crucial to ensuring free and fair elections and that withholding such information undermines democratic accountability. She also pointed out that her request did not seek sensitive or personally identifiable information but only aggregate data about compliance with the 2 AM deadline.
Following her appeal, the Pakistan Information Commission (PIC) reviewed the case and delivered a ruling on January 28, 2025. The PIC, led by Chief Information Commissioner Shoaib Ahmad Siddiqui and Information Commissioner Ijaz Hassan Awan, determined that the information sought did not meet the definition of ‘public record’ under Section 6 of the RTI Act. The Commission further ruled that under Section 5 of the Act, the requested data was not explicitly mentioned as disclosable, thereby justifying the ECP’s refusal.
The PIC’s decision has raised concerns among transparency advocates. Many argue that if the results compilation process is not subject to public scrutiny, it could create doubts about electoral fairness. Mazhar, in response to the verdict, expressed disappointment, stating that withholding such crucial information sets a dangerous precedent. “This decision undermines the principles of transparency and accountability in electoral processes. Citizens have the right to know whether electoral procedures are being followed as per the law,” she remarked.
Despite the appeal being dismissed, the case has sparked a broader debate on electoral transparency in Pakistan. Experts argue that while legal technicalities may support the PIC’s decision, the spirit of transparency demands that such information should be publicly available. The case also highlights the need for reforms in the RTI framework to ensure that crucial electoral information does not remain hidden from the public eye. As Pakistan moves towards its next elections, the debate over access to election-related information is likely to intensify, with activists like Saddia Mazhar continuing to push for greater openness and accountability in governance.