"Article 218 Kehta Hai Election Commission Mulk Mein Shafaaf Intikhabaat Karaye," Legal Expert Hafiz Ahsan Ahmed

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"Article 218 Kehta Hai Election Commission Mulk Mein Shafaaf Intikhabaat Karaye," Legal Expert Hafiz Ahsan Ahmed
Transcript
00:00 the people's party. So, I'm going to introduce our guest to you. So, Sadaqat Ali Abbasi,
00:07 a senator, Kamran Murtaza, JUI. We will have Faisal Kareem Kundi, who will be representing
00:14 the people's party. And first of all, we will have a discussion with Hafiz Ahsan Ahmad,
00:21 a lawyer, who is a lawyer. Thank you very much, Mr. Hafiz, for being with us. Please tell us,
00:30 this is a tricky situation. I was mentioning in the beginning that we have always heard
00:35 about the constitution and the law. We have read them in one sentence. Here, the constitution
00:40 says that elections should be held on the 9th day, because the assembly was first discussed.
00:45 The law that the previous government passed, according to that, the elections are necessary
00:50 after the census, before elections, and it takes four months for that. So, where should
00:55 we look? Thank you very much. The thing is that what is being discussed right now is
01:04 Article 224, which says that if the assembly completes its national tenure, then it is
01:11 in Sarsingh, and if the assembly is dissolved, then elections should be held on the 9th day.
01:18 This is what Article 224 says, and this is the constitution of Pakistan. But when we
01:23 go into the whole scenario of the general election, then this article alone is not enough.
01:28 For this, four articles are very important, which conduct all these elections. One article
01:34 is Article 51, and all its articles are five. One article is Article 153 of the constitution,
01:40 and the third article is Article 218 of the constitution. Article 218 of the constitution
01:45 says that it is the job of the Election Commission to hold free, fair and transparent elections
01:50 in this country, and all the practices that can compromise or restrict elections, should
01:55 be taken into account, so that a free, fair and absolutely transparent election is held
02:00 and the representatives of the country become those whom the people of the country know
02:05 and trust. But, brother Sati, the important thing for that is that it is written in the
02:10 constitution that the election will be held at a time when your census will be based on
02:15 it, and that is why your assembly seats have been fixed. Now, all these things are being
02:20 started from Article 51, in which it is said that how many seats will be there in each
02:25 province, Punjab, KPK, Sarhat, Balochistan and how many seats will be there in the federal
02:30 capital. Then we have made amendments and made FATA a part of Pakistan, so first it
02:35 was separate from FATA, now it has been merged into KPK. In that same Article, Article 5,
02:40 it is said that your general election will be held in the month of June, and the general
02:45 election will be based on the last census which has been notified, which is Article 5.
02:50 Now, Article 5 is invoked through Article 153 of the constitution, because since your
02:55 18th amendment has come and things have been devolved, the census has now become the subject
03:00 of the Council of Common Interest. That is why you must have seen that when elections
03:05 were held in 2017, the census was not devolved, it was devolved in the month of June.
03:10 So, the last census was the last census of the Council of Common Interest. That is why
03:15 you must have seen that when elections were held in 2017, they were held in the old 18th
03:20 amendment, so they were on the old census, and in which all the political parties showed
03:25 great concerns, so the PTI government decided in the CCI that we will go on its digital
03:30 census, and that digital census continued, and the last government, it was, it was, you
03:35 can see that the digital census has also raised objections.
03:40 No, they will come, they will come, as long as Satibai does not fix the National Finance
03:45 Commission in this country, and does not seat provincial and national assemblies, this
03:50 is a war of power, it will continue, and it should be addressed, today if you do NFC,
03:55 then in which country in the world do you say that 60 lakh or 70 lakh people are not
04:00 going to vote? So, the last census was the last census of the Council of Common Interest,
04:05 and in which, in the last census, the Council of Common Interest is in the third place,
04:10 which is chaired by the Prime Minister, there are four Chief Ministers, and three Federal
04:15 Ministers are members of that. They made a decision, and they made a decision, and this
04:20 is the first time in the history of Pakistan, that all the CCI's used to make such decisions,
04:25 and used to make limitations on the constituencies, and we used to go to the elections.
04:30 Now what happened is that they made a decision, and they made the decision two days before
04:35 it went, and one day before, when you notified it, then came Article 51(5) of the Constitution,
04:40 which says that when you notify your census, then after that, the elections will come under
04:45 it. Now when Article 55 is read, then the Article 224, which we are talking about, of
04:50 90 days, Article 51(5) overrides that, that when you fulfil the requirement of Article
04:57 51(5), that you will go under the limitations, then the period under Article 224 starts.
05:03 Now, the Election Commission has done two things, and one thing they are saying is that the
05:09 Election Commission does not announce a schedule, so Satibhai, there can't be two schedule
05:14 issues, that you see that there can be limitations, that one block should go somewhere, the Congress
05:19 does not know what can happen to your constituencies, in some districts it will be less, in some
05:24 it will be more, so in that it is that you announce the election schedule and in that
05:29 you say that you should take the nomination papers and then do the scrutiny, so simultaneously
05:34 these things cannot run, it is not even constitutional and legally possible.
05:38 That is why the Election Commission of Pakistan has done what it has done under Article 51,
05:43 and under that Section 17 comes, which you have mentioned, that in Section 17 it is
05:49 that it should come within 120 days, so what the Election Commission of Pakistan has done
05:53 is constitutional, there is no illegality in it, and the schedule they have given, in which
06:00 it is 120 days and it will be completed on 14th December, after that 90 days will be
06:05 notified, that the constitutional limitations are there, then after that the 90 days period
06:11 will start.
06:14 After that the 90 days period will come, when the requirements of Article 51.5 will be
06:18 fulfilled, so the constitutional...
06:20 That means these 4 months before and after that 90 days are different.
06:25 That is why it will come, because first you have to fulfill the requirements of Article
06:29 51.5 that you have to do the limitations and its schedule is there.
06:33 After that the 90 days...
06:35 Thank you so much Hafiz Ahsan for being with us, you tried to explain us, but this matter
06:42 is not that simple, it is getting complicated like a jalebi, and then 4 months this and
06:47 then 3 months that, Kamran Murtaza, you are also a law expert, so please shed some light
06:54 that is it the same way as Ahsan Sahib tried to explain us?
07:03 Hafiz Sahib is a very good lawyer, he explained us perfectly, the political aspect of this is
07:10 that the census that has been notified, we are not accepting it, we are opposing it.
07:17 We are opposing it on two things, one thing that we are opposing is that when you give
07:23 a date for your desolation, then after that there is no moral justification that you
07:30 notify the new census, and that has its own consequence.
07:37 And the second thing that we are opposing is that you notified the census, the report,
07:48 but in this report you reduced the population of 64 lakhs to the Balochistan province, and
07:55 you divided it here and there, so if we had to notify the census, then our census would
08:02 increase by 6-8 seats, of the National Assembly, which has been unfair, and they did that.
08:09 But for what reason was that done?
08:11 This is because the matter has become subjudice, it has been challenged, I don't know, I am
08:18 a person who has hope, I don't think there should be any malice in this, but anyway,
08:25 as I am a political worker, I raise my political concerns and should do so, and the day it
08:33 happened, we raised the issue in the Senate of Pakistan, this issue was raised by us,
08:42 that whatever you have done is injustice, and the answer you gave was...
08:47 You said that morally this is not right.
08:52 Morally and legally it is not right, legally it is not right, you are listening to my voice?
09:06 Yes, legally it is not right, because you are going to take such a big decision, and there
09:13 are two caretakers sitting there, two people were caretakers, one of them had reached with
09:20 great difficulty, due to a delay, you give all the grace marks to him, our Balochistan
09:27 CM had reached very late, we don't say that he was forced to come, but he had reached
09:33 very late, so all these things together, the new census is being disputed, but here, the
09:42 government, our government, after announcing its desolation, that in a way, the census
09:49 will be dissolved, and it takes such a big decision, so there is a question mark on it
09:55 as well. Now, the consequences are coming up, they said that delimitation will be done,
10:02 delimitation will be done, delimitation is definitely according to the law, but suppose
10:09 that all this is necessary, then for a long time, we were running the system on ordinances
10:16 from the government of Shahbaz Saleef Sahib, in the first government, so when we were running
10:23 the system on ordinances in that time, then good faith ordinances can also come here,
10:29 on the objections, suppose, 30 days, like Afid Sahib was telling you, that for such
10:36 a task, such a task, we need such a time, so we put a sunset class, for this election,
10:46 for the coming election, for the forthcoming election, we cannot reduce the duration of
10:53 it, we will reduce it, this is the job of the supervisors, the job of the supervisors in
10:58 the election commission is this, we will assist them, we will reduce the duration of it.
11:02 [NON-ENGLISH SPEECH]

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