Forms 34A are submitted to the Constituency returning officer whereas the
‘Taking Over’ section is filled when the Chairperson receives the Forms
34A. Indeed Regulation 82(1) requires the presiding officer to physically
ferry the actual results to the Constituency returning officer. Further,
Regulation 87(1)(b) requires the Constituency returning officer to deliver to
the National Tallying Centre all the Forms 34A from the respective polling
stations and the summary collation forms. Regulation 87(3)(a) goes on to
provide that, upon the receipt of Form 34A from the Constituency
returning officer, the Chairperson of the Commission shall verify the results
against Forms 34A and 34B received from the Constituency returning
officer.
[366] How then can the 1st and 2nd respondent deny the receipt of these
prescribed forms? In any case, during the hearing of the scrutiny
application, Counsel for the 1st respondent submitted that the Commission
was in possession of all the original Forms 34A and 34B and went ahead to
suggest that, it was willing to release the same forms for inspection. We
note that, during the scrutiny exercise that was subsequently carried out,
the Commission produced majority of those original forms.
[367] It is clear that the purpose of including the requirement for
indicating the number of forms received by various officers was to ensure
accountability and transparency. It is therefore unfortunate that, out of the
random sample of 4,299 Forms 34A examined, a total of 189 Forms had not
been filled in the hand-over section, whereas 287 forms had not been filled
in the take-over section. Such kind of scenario raises the question as to the
kind of verification done, if at all, by the Chairperson of the Commission.
Presidential
Petition
No.
1
of
2017
159
|
P a g e
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