Is ECP responsible for constitutional crisis? Salman Akram Raja's Analysis

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00:00 Mr. Akram Raja, who is the one who is trying to close the case of Ayani Bhoran?

00:04 Election Commission.

00:06 The case is a very simple case, which has been a long time agreement between the Supreme Court and the Election Commission.

00:12 They have done a new thing today, which is completely different from the text of the case.

00:19 The purpose of this is that they want to use the order of the case to decide the date of the election in 90 days.

00:28 And now see, what does the amendment in Section 57 of the Election Act say?

00:34 It does not support them either.

00:36 See, the amendment says only this much,

00:38 "Subject to the Constitution, the Commission shall by notification in the Official Gazette announce the date or dates as the case may be for the general election."

00:47 Subject to the Constitution.

00:49 Yes, and subject to the Constitution means that where there is a third case, where the President does not resolve the case,

00:57 and after 48 hours the National Assembly or the Sub-Assembly gets written,

01:02 that is the case where the Election Commission can say that since no one is being given the power to set the date in the Constitution.

01:10 So, number one, you are seeing that this case will ultimately be directed to the courts.

01:14 And second thing, you are quoting the Election Act, and it is mentioned in Section 58,

01:20 where it says, "The Commission may make such alterations in the election program announced in the notification for different stages of the election,

01:27 or may issue a fresh election program with fresh poll dates or dates as may be in its opinion."

01:32 In its opinion, which will be recorded in writing to be necessary.

01:37 That means, when the Election Commission wants, it can change the entire election program.

01:42 No, but look, it has nothing to do with the 90-day limit.

01:46 The Constitution has already set the 90-day limit.

01:49 If there was no date, then the 90th day is Election Day.

01:54 So, within 90 days, the Election Commission can make changes.

01:58 It can say, "The date for filing the nomination papers will be such and such,

02:02 and then we are changing it, and it will be such and such date,

02:05 and the date for issuing the appeal will be such and such."

02:08 But all this is happening within that 90 days, which is a 90-day limit.

02:12 But, sir, tell me one thing, conducting these general elections is a very comprehensive series,

02:18 and there are very intricate steps, right?

02:20 We have a process here, which culminates in the selection of the representatives.

02:23 But, sir, look, the primary stages, Salman sir, the primary stages of this are delimitation,

02:29 which is mentioned in this letter, preparation of electoral rolls, notification of the election program.

02:35 So, here the question of good faith comes, which is central to this discussion.

02:39 Are you seeing the Election Commission has good faith in doing all this?

02:42 Look, if you say that we have not completed the electoral rolls, then this is not the case.

02:48 The Election Commission was not formed yesterday.

02:51 The Election Commission is a permanent institution.

02:53 Its job is to arrange the election rolls, voters' disks, if there is any change to be made in it,

03:00 if someone is 18 years old, if he wants to be named, then he should be named.

03:05 So, all these things, and they knew that the Assembly elections would be held in the month of August.

03:10 12th August was supposed to be held, they did it three days earlier, on 9th August.

03:14 The elections were supposed to be held in October or November.

03:17 Therefore, the Election Commission did not come into existence today,

03:21 which is saying with open eyes that we have to do this and that.

03:24 So, all these things, in my opinion, are just a matter of respect.

03:27 Lastly, sir, my time is up. Salman Akhund Raja sahib,

03:30 Sultan Raja sahib not meeting the President of the country and meeting the US Ambassador on the same day,

03:35 are these just terrible optics, sir, or is this just bad faith? How do you see this?

03:39 These are terrible optics, sir.

03:40 Look, the support that is being taken for the new census, that is also not in good faith.

03:47 The census was held in May, and to keep it in front of the Council of Common Interests in August,

03:52 I do not understand this at all.

03:54 This should be asked to the PDM government, sir.

03:57 Yes. Yes, even if this is accepted for a moment,

04:02 then the situation there is that due to the census,

04:05 the distribution of seats between the Sumo and Islamabad,

04:10 if there is to be any change in that, a constitutional amendment is required for that.

04:14 A constitutional amendment cannot be made.

04:16 So, I do not understand what they are going to do on the basis of this new census.

04:20 There is no Islamabad.

04:21 Thank you very much, Salman Akhund Raja sahib.

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