• 2 months ago
#electionact #reservedseatscase #electioncommission #supremecourt #pti #sunniittehadcouncil #nationalassembly #pmlngovt #MariaMemon #SawalyeHai #PTI #ImranKhan

"Speaker Ka Letter Election Commission ko Toheen Contempt of court Say Bachane ki Chaal..." Barrister Umair Khan Niazi
Transcript
00:00Welcome back, after the establishment of this government, we are still seeing that the challenges
00:05are being faced by the law and the government is still in a firefighting mode.
00:09There is no settlement after the elections.
00:11If we look at the age of power, there is a kind of peace after the elections.
00:16For now, it is not there.
00:17The issue of special seats has become hot again.
00:20On September 19, Speaker National Assembly Ayaz Sadiq wrote a letter to Chief Election Commissioner
00:24Sikandar Sultan Raja, in which the allotment of special seats has been appealed.
00:29The Speaker National Assembly wrote in his letter that the Supreme Court has instructed
00:32the Election Commission in its decision to allow Azad Arqan to join another party.
00:38The letter said that according to the act, the candidate who did not give a party certificate
00:43with a paper nomination will be considered free and that free candidate who has become
00:47a part of a political party is not allowed to change the party.
00:51The Speaker National Assembly wrote in his letter that the Supreme Court's decision
00:56to allow Azad Arqan to join the party was under the previous act, which is no longer
01:01applicable.
01:02Now the amended Election Act will remain.
01:04After this, the party position has changed in the National Assembly.
01:07If we look at it now, if we take out 15 seats of Pakistan Muslimi Nawaz, then their total
01:15becomes 110 seats.
01:16If we do not keep 5 reserve seats of People's Party, then it is 69.
01:20The United National Movement is Pakistan's 22nd.
01:23Pakistan Muslim League, Isteqam Party, Pakistan Muslim Zia, we are looking at all of them
01:28as 4-1-1 seats.
01:30The Sunni Jihad Council has 80 seats at the moment and the independents backed by Pakistan
01:35Tariq-e-Insaf are close to 8.
01:37We will talk about this in the section of the program.
01:40Mr. Umair, you are saying that the previous decisions will not be applied.
01:43The current Election Act will remain.
01:45Tariq-e-Insaf's membership was appointed in the personal decision, which was also in
01:49the original decision.
01:50But will it not apply to the previous decisions?
01:53Will the Supreme Court's decision be applicable to the current situation?
02:03This is a completely wrong letter issue.
02:07This has been done completely against the law.
02:10If there is not a law, you are saying that an interpretation of a law was made in the
02:16decision of July 20, that there is a system of proportional representation in the country.
02:21The Election Commission misinterpreted the PTI in the case of the symbol.
02:26They took away the symbol as soon as the party ended and denied the PTI candidates
02:31the status of being PTI and declared them all independent.
02:35Keeping all this in mind, they gave a decision and said that these are all PTI candidates.
02:41And you saw that the Election Commission was called for a follow-up.
02:44Then a short order came and it was reiterated again that all these PTI candidates should
02:50be notified.
02:52Now, because the Election Commission was adamant, it was not implementing this thing.
02:56Now, to give a window to the Election Commission, a legal move has been made to create protection
03:01for them.
03:02However, if you look at it, even if it had to be undone, then you see that it is based
03:07on judgment on Article 51.
03:09Have they amended Article 51?
03:11The reference they are giving is that it will not be applied.
03:16Even today, Article 51 6D is standing there.
03:19There is a system of proportional representation in the country.
03:22Reserve seats have to be given according to the general election seats.
03:27So, it is being done to undo that.
03:29And it is being done at this stage because the objective is to somehow protect the Election
03:34Commission from the contempt of the Supreme Court.
03:37So, to pass this constitutional amendment, another window has to be created for that
03:42also.
03:43Because they are trying their best to somehow get the notification from the Speaker again
03:47which was given to the women of the Noon League and People's Party earlier.
03:51So that they can create another chaos.
03:54But all this is being done which they have got an imported unconstitutional constitutional
03:59amendment.
04:00This is not a settlement, Mr. Rana.
04:02We have seen that the Supreme Court has made a very clear decision regarding the specific
04:07issues at this time.
04:08And this is a majority decision.
04:10Mansoor Ali Shah, who will be the new Chief Justice in this country after 25 or 35 days,
04:16has written it.
04:17This is a majority decision.
04:19Now, the government has written a letter against it again.
04:22Is this a direct confrontation?
04:24Will you not come to the point?
04:27No.
04:28Look, when Section 63A was introduced, we understand that the trichotomy of powers was
04:34violated.
04:35Because according to the Constitution, the Supreme Court cannot re-write the Constitution.
04:41And as a result, the Punjab government ended.
04:46And then there was a lot of re-election in seats.
04:51So, it was being favored.
04:53It was a straight-forward rejection.
04:56The introduction of Section 63A was unconstitutional.
05:00It was done.
05:01Now, its appeal is pending.
05:03Apart from that, the decision that is being discussed now, regarding the reserve seats,
05:08there was no petitioner in it.
05:10There was no demand of PTI to give them seats.
05:15It was all a matter of the Sunni Council.
05:18And there too, they were brought to the plate and things were brought.
05:22Keeping this in mind that you have to deposit tickets.
05:28If you don't deposit tickets, then according to the Election Act, you can't call it that party later.
05:34Keeping in mind that within a time frame, you have to join the party.
05:38They join the Sunni Unity Council.
05:40They deposit affidavits.
05:42Now you say, yes, put them in that Jamaat.
05:45So, the legislation that was implemented in the Parliament,
05:48it was not a new legislation.
05:50The old laws that were already in place, they were reinforced.
05:55So, Mr. Rana, the Supreme Court's majority decision,
05:59which has been later made into a legislative decision,
06:01you are disregarding it.
06:03You feel that it should not be implemented.
06:07Is this where your government stands right now, on this issue?
06:10Look, the thing is that the law is supreme.
06:13And the body that makes the law is the Parliament.
06:17And the law that the Parliament has amended in the Election Act,
06:21it stands today.
06:23And if you have to follow it, then this decision is also a rewriting of the Constitution.
06:30So, I think the Speaker has taken a very good step.
06:34And the supremacy of the Parliament should be established.
06:39And should you get those seats or should the SIC not get them?
06:42That is also fine. Or should you get them?
06:44Look, whatever our opinion is,
06:47No, I want to ask, I want to know the clarity.
06:50Is your opinion that they should not give the seats to the SIC,
06:53they should not give them to us,
06:54or is it your opinion that they should give them to us?
06:56No, look, the Jamaats that have collected their lists according to the law,
07:02within the time frame,
07:04and those who have elected a party that has not even fought an election,
07:11and those who have not collected their seats,
07:14then definitely the pool that is left,
07:17the pool that has followed its procedure according to the law,
07:23then in them, equitably, proportionately,
07:26Sir, then the principle of proportional representation will be violated, right?
07:30That it will not be done this way.
07:31How is it proportional representation?
07:33How is it proportional representation?
07:34When the people who fought the elections,
07:39they will be proportionately distributed within them.
07:42This is our position.
07:43Okay.
07:44This is our position.
07:45Absolutely. And the election commission also supported this position.
07:48The Peshawar High Court also supported it.
07:50Later, the kind of decision the Supreme Court made,
07:52that is in front of you.
07:54And our position on that is also very clear.
07:56Sir, the issue is that you make political statements,
07:59you also explain your point to people,
08:01but in the court, or in legal matters,
08:03you are left with no choice.
08:05Recently, the 8 people who are free,
08:07you are giving the affidavits one by one,
08:10but you have to make the final arrangements for them, right?
08:13The remaining 41 people whose affidavits were declared,
08:17there is a possibility of a 63A application.
08:21Out of the 8 people,
08:22out of the 3 people,
08:23you had a doubt that they might go to the other side and vote.
08:26They did not have a 63A application.
08:29So, you have to make some legal arrangements.
08:34Yes, you are absolutely right.
08:37These were 8 people.
08:38See, we had intentionally kept 4 people out of this process.
08:42Because, see, the election commission,
08:44as I mentioned earlier,
08:46misinterpreted the case with the symbol.
08:48Due to which, we had to park our people, time being.
08:51Of course, we also knew about the Constitution's scheme of things,
08:55that all people will be pressurized.
08:56So, we parked them in the SIC.
08:58But those 4 people were saved because
09:00even in the PTI, they had to keep their offices.
09:02They had to run that structure.
09:03The remaining 4 people were such that their results came late.
09:06If you take the example of Shabbir Qureshi,
09:08he came to the Parliament after 2 months.
09:10The results of these people were delayed.
09:12Because of which, they were left in that process.
09:14If they had come to the Parliament from day 1,
09:17they would have also been a part of the SIC.
09:19This was not the intention,
09:21that they were intentionally omitted.
09:23The circumstances were such.
09:24But later, the affidavits were taken from them.
09:26And now, as you have seen,
09:28yesterday, Mr. Ghumman's affidavit came in front of everyone.
09:31That whole process has been completed.
09:33Right.

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