Election petitions in Pakistan can drag on for months or years. During that time, petitioners are required to be present at all stages of the trial to avoid dismissal of the petition.
FAFEN Update on Election Tribunal identified that a significant number of election petitions filed against General Election 2024 outcome were dismissed due to non-prosecution i.e. nonappearance of petitioners.
 What does the law say?
Section 164 of the Elections Act 2017 allows the Election Tribunal to dismiss an election petition for default if the petitioner fails to make appearance on a date fixed by the tribunal for any stage of the trial. The tribunal may also make such order as to costs as it considers appropriate.
 Why does this matter?
Section 164 has practical implications for petitioners and their legal teams. An election petition filed in anger or for political purposes — without commitment to actually pursuing it through potentially years of proceedings — creates the risk of dismissal and a costs order against the petitioner. Filing a petition and then abandoning it is not cost-free.
For respondents, the section provides a procedural defence that does not require engaging with the substantive merits of the petition. If the petitioner consistently fails to appear, the tribunal has the power to dismiss and award costs.
 Source: Elections Act 2017, Section 164.
This post is part of FAFEN’s series on electoral literacy. Read more of this series here.
