SC Annulled LHC decision , victories of 3 PML-N MNAs reinstated | Ahmed Pansota Analysis
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SC Annulled LHC decision , victories of 3 PML-N MNAs reinstated | Ahmed Pansota Analysis
SC Annulled LHC decision , victories of 3 PML-N MNAs reinstated | Ahmed Pansota Analysis
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00:00Ahmad Pansota, viewers, we have represented the candidates of Ihsanullah Wirk, 79,
00:07whose election results have been reversed.
00:11And, of course, the case of the Supreme Court is present from beginning to end.
00:17Mr. Pansota, please explain this to us.
00:20This decision has come from the majority of 2-1.
00:23The majority of the 2 judges, Mr. Banerjee, Mr. Chief Judge and Mr. Naeem,
00:31on what grounds did they make this decision?
00:34And on what basis did the opposing note of Mr. Abbasi oppose?
00:40So that the viewers understand where the implementation of the law is.
00:43We would like to keep a critical analysis in front of the viewers of this decision.
00:49Yes, sir, thank you. I was representing Mr. Ihsanullah Wirk in NA-79.
00:54The basic issue in this was section 95, basically, which talks about the consolidation of results.
00:59Section 95 basically says that the returning officer has to count the ballot papers if he gets the result.
01:08If you read this section at the start, before that, there is 94, 95,
01:12which says that immediately with the announcement of the result or the provisional result,
01:17you announce that if there is any grievance, you file it.
01:22On this, the age-old jurisprudence, which was in the previous judgment of Mr. Zulfiqar Bhatti,
01:25which was the judgment of the three-member bench of Mr. Nathur Ali Shah, was very clear,
01:28that when the consolidation proceedings take place,
01:30after that, you cannot admit or entertain any such thing.
01:35We were also talking about this here.
01:36In my case, a slightly additional fact was that in my case, there was no recount order,
01:41but in the other two cases, there was a recount order,
01:43and the returned candidates were declared by the PMLN.
01:46In this, the majority has held that since the request has come,
01:50and after that request, the margin of victory also falls on that 8,000 votes,
01:56and is less than 5% of your total votes.
01:59Basically, 5% is the total margin of victory, and the number of votes is 8,000.
02:03So, this happens due to those consequences.
02:05Therefore, they ordered a recount.
02:08And as far as dissenting views are concerned, they have said that since the consolidation was complete,
02:13the second request cannot be proven, whether it came in time or not,
02:17because this is a disputed question of fact, and therefore, it is a matter of the election tribunal.
02:21This is what they have held in this case.
02:23But here, the majority, in my personal opinion,
02:26because I can make a fair comment on the judgment,
02:28that they have interpreted 95 completely wrongly,
02:32and it is against the Zulfiqar Bhatti judgment of the three members.
02:35Here, it is 2-1, so technically, that judgment cannot be overruled.
02:39And also, it was not understood that the proceedings were coming from the Election Commission.
02:45The order of the returning officer was not challenged anywhere.
02:50It was not taken to the High Court.
02:51And along with that, it was not said anywhere that we challenge it.
02:55And in this judgment, the judge has held that there is no jurisdiction of the High Court in election disputes.
03:00The grieved person, that is, the locus standa, did not have the right to go there.
03:04Whereas, the people who went there, in the High Court, they said that
03:08if the proceedings were going on under section 95, then it was fine.
03:11These people have come in section 95-6, which is the jurisdiction of the Election Commission,
03:14and it is clearly written there that if the consolidation proceedings are done before that,
03:18then you can go, otherwise not.
03:19So, there was a fundamental debate on this.
03:21And another very interesting thing was that on the other side,
03:23the order was challenged even after the appeal of the intra-court.
03:25And one order, they had filed a direct appeal.
03:28So, that was also a very interesting situation,
03:30that how can you file two, which were highlighted in this.
03:33Now, on this, it is being said that in the review petition,
03:36they are saying that we will go to Pakistan Tariq-e-Insaaf.
03:39So, the review petition, obviously, you know, is the decision of the specific committees.
03:42We will talk about it later.
03:44So, in the review, in such a case, as you are saying that these two decisions have been reversed,
03:50in that, in your opinion, that 95-5 has been misinterpreted by the Supreme Court,
03:58or it has been invoked.
04:00They are saying that there is already a judgment of three members of the bench.
04:03So, how is it that such a big fact has been overlooked?
04:08How is it that it has been put aside?
04:11Sir, that judgment has been discussed,
04:13but the rational reasoning of that judgment has been followed.
04:16In this judgment, it has been said that as soon as the request comes,
04:19you can only recount.
04:21But along with this, it has been said that you have to mention one or more polling stations,
04:26along with the time of the request.
04:27And the commencement of proceedings has been said.
04:29Now, here, all of us have said that the requests have been entertained in the late hours of the evening.
04:33And after that, the show has been done as if they are being entertained.
04:37And one important fact, I was listening to Mr. Hassan,
04:39that the report was given by the returning officer,
04:42and he said that people will gather outside.
04:44This is a very interesting returning officer,
04:46who, the day the request is being decided,
04:48that day he is saying that we are dismissing it,
04:50and he is not mentioning any such thing.
04:51But when proceedings come in the election commission,
04:53and the election commission asks for a beautiful report from him,
04:56in that it is also said that this request is not being made.
04:59And along with that, a very beautiful paragraph is added,
05:01that there was a big commotion, and people were standing outside,
05:03which was very clearly seen by the High Court.
05:05How did you know that their people were standing?
05:07And how did you determine this?
05:08Okay, Mr. Chaudhary Ghulam Sain, we would like to ask you a question.
05:11Mr. Chaudhary.
05:14You, Mr. Ahmed,
05:16you accept the decisions that are in your favour.
05:19If they are against you, then they are not acceptable to you.
05:23Because you were compelling the returning officers to protest.
05:27They did not listen to you, the PTI people and the Sunni Atheists.
05:32So that is why you are creating a commotion.
05:34You have no case.
05:36No country in the world has had better elections than this.
05:39In fact, America, India and many other countries have said,
05:41that for God's sake,
05:43send us this election commission and this returning officer.
05:47Sir, Mr. Chaudhary, I understand your pain, and you are right.
05:50I say, it is a very simple thing,
05:53whether these candidates were in a position to manoeuvre anyone or not.
05:57And even if they were not, this is a disputed question,
06:00which has to be determined in the election tribunal,
06:02after the recording of evidence.
06:03Clearly, the court is saying, we have filed a request.
06:05There is a time written on this request.
06:07It is written, when was it received?
06:09Nothing.
06:10I say, then I say that it will be filed after this.
06:12They say, it was filed earlier.
06:13So these two views came.
06:14The election tribunal will decide this in a total of five days.
06:17Why is the Supreme Court interfering at this point,
06:19when all the controversies are present here in the juris court?
06:22Let's go. Hassan wants to ask a question.
06:24Yes, Hassan.
06:24Mr. Ahmed, tell me,
06:27there is already free gain in the High Court.
06:30So when the High Court satisfied the decision of the Election Commission,
06:35then the matter has come to the Supreme Court in an appeal.
06:38So the Supreme Court has to interfere.
06:39Obviously, when an appeal comes, the Supreme Court listens.
06:42One thing is this, but tell me,
06:44you are talking about the ROs.
06:49So how did the ROs get the information?
06:53You are asking, how did the ROs get the information,
06:55who are these people outside?
06:56For that, I wanted to tell you,
06:58the ROs that were formed, this time they were formed by ACs,
07:01Assistant Commissioners.
07:02So that district is related to the administration.
07:05There is district intelligence.
07:07Information is obtained there,
07:09that who are the people present there,
07:11and what can they do,
07:12and what are their charges.
07:13So this is not a question of charges.
07:16I have understood Mr. Hassan's question.
07:18But I think the report given by Mr. Hassan in the Supreme Court
07:21and the report given in the High Court,
07:23he did not write that the PTI people did this,
07:26or the NOON people did this.
07:27He said suddenly, before the Election Commission,
07:30that because there were a lot of people outside,
07:33so we consolidated the results.
07:35I say that this matter, as it is,
07:36should be accepted that it is on a very related stage.
07:38So after that, this is a stupid question,
07:41one side will say that it is not related to us,
07:42and the other side will say that it is not related to us.
07:43This is also an election cycle.
07:45And secondly, I will give a quick answer.
07:46He said that the Supreme Court has to interfere.
07:48There is a big difference between listening to the Supreme Court's appeal
07:50and interfering in settled jurisprudence.
07:53So you can see,
07:54a judge from within is saying that he does not agree with it.
07:56The last judgment, which was unanimous by three members.
07:58So this itself speaks volumes.
08:00And I think in the review, inshallah,
08:01we will have a good case.
08:02Let's see what happens.
08:04Mr. Nagvi, do you want to ask a question?
08:05Yes.
08:06Yes.
08:07Look, the impression I am getting from the conversation
08:11is that perhaps this decision,
08:13this decision was influenced by the Supreme Court
08:18to take this decision.
08:20And the number of votes was changed.
08:24Now we have to see who are the people
08:27who have won the Muslim League Noon.
08:29And if something like this had to be done
08:32to the Muslim League Noon,
08:34then the Muslim League Noon has very big names,
08:37like Abdullah, Khurram, Khurram Dastgheer.
08:39These people have lost.
08:41If this had been done in their circles,
08:43then it is not right to make the impression
08:45that this decision was influenced.
08:47The High Court took the decision,
08:49then the Supreme Court took the decision.
08:51The right decision has come.