Aug 23, 2015
Judiciary should play its due role instead not to be flexible giving stay-order to ‘’disqualified candidates’’ whose rigging in the General election 2013 has been confirmed by Election tribunal.
Why Judiciary gives its verdict in ambivalence & ambiguity if the case pertains to General Election 2013 - leaving the room opened for the fraudsters instead to black list the Politicians who wins the election with illicit means and later it proves the irregularity in the votes polled?
A very harsh action indeed is sought to keep such politicians away of the electoral process whose illicit practices make the election controversial and ineffective.
Just think that it is 2-1/2 years have gone but still we are investigating & digging out the irregularities in the election and busy in by-election – announcing the previous election result null and void and preparing for re-polling.
Instead to do any legislation in the assembly for people betterment and advancement in the country – Is it not the wastage of time and money?
If the court once has disqualified the candidate investigating the rigging carried out in the Election (held in the given constituency) & advising Election commission of Pakistan (ECP) to re conduct the poll substantiating the forgeries and manipulation did by the candidate.
Highlighting the mismanagement and irregularity on the part of ECP who failed and could not ensure a free, fair and transparent election - declaring the election null and void and disqualifying the candidate.
And the disqualified candidate then approaches the Supreme Court and obtains ‘’stay order’’ and how ridiculed it is that the same ‘’disqualified person’’ does not surrender its ministerial position - keeping his status alive in the assembly – continuing with the same authority & official power conferred him - enjoying with the same salary, benefits and perk applicable to a living minister.
So what stands for disqualification? If the candidate has already been asked to de-seat with immediate effect as soon as the Election tribunal announced its verdict?
And the ECP whom the court has asked to re conduct the polling - goes in effective & valueless as the candidate does not care or give any preference to the call of ECP - waving the flag of ‘’stay order’’ acquired from Supreme court.
So the question of course comes ahead that where is the empowerment & delegated authority of ECP? Why Supreme Court intervenes in its matter - If ECP has been asked to re conduct the polling of given constituency.
Fixing charges against ECP who did not ensure unbiased, impartial and tampered-free election - alleging systematic error on the part of ECP and what a ridiculous not giving opportunity to conduct re-polling – does it not lead to encroach & usurp the ECP’s normal business?
ECP is a separate and an independent entity having its own criteria to run electoral business in the country - so to make the institution competent, effective and functional the court should not invade & subdue ECP delegated authority and impose their orders.
As the percept had been where the Ex Chief Justice of Supreme court influenced - kept isolated and barred Election Commissioner Fakhreddin G Ibrahim (FGI) an octogenarian where Ex CJ overpowered & disabled him to perform electoral duties - took over the whole election responsibilities in his hand particularly in Punjab.
A big province in terms of population where whoever qualifies or wins the election makes the govt. in federation – and that’s the reason that despite passing 2-1/2 years still the ECP,
Election tribunal, NADRA and Judiciary are involved in digging out the cases.
Examining and investigating the polled votes – voter thumb impression, NIC genuineness, excess printing of ballot papers, magnetic ink etc. are the issues which has been an stigma on part of ECP who seems still busy in the game played in Punjab.
Again, if the disqualified candidate not surrendering his position dancing & holding stay order in hand then what is the use of Election tribunal verdict? How the mismanagement and irregularity charges levelled against ECP can be revamped & restructured if it is not treated an independent govt. department.
Everyone knows that General Election 2013 held in Pakistan has been controversial, suspicious and unhealthy.
A living beat not only among journalist but a serious debate among politicians and hot topics among 200 million people of Pakistan too who have been watching politicians madness, lunacy and insaneness where allegation and counter allegation ‘’making the election unfair and tampered’’ being claimed still.
Though Pakistan Muslim League Nawaz (PML-N) made the govt. getting more than 2/3 majority in the said election but Imran Khan (IK) Pakistan Tehrik-e-Insaf (PTI) did not accept the election result on the very first day & start vociferating to investigate the fraud & forgeries and massive rigging noticed by PTI on part of ECP.
PTI though raised the issue in the parliament, also submitted his appeal to ECP to open the bags at least of 4 constituencies where PTI had serious concerns but neither National Assembly (NA) nor ECP and even the Supreme Court honoured PTI claims – I knocked the door everywhere but no one listened us - I had no way except to go in the street, said IK.
Eventually PTI went on Sit-in (dharna-call) where they remained for 126 days in Islamabad under the stroke of chilled winter and sizzling heat but due to massacre of children in Army Public School Peshawar the Sit-in was suspended by PTI chairman IK.
PML-N however guaranteed PTI to form a Judicial commission in Supreme court of Pakistan investigating the PTI claims if the election did not go free, fair and impartial, convinced by Ishaq Dar a cardinal member of govt. team.
Judicial commission report
In short the judicial commission (JC) probing into allegation of (MUNNAZAM DHANDLI) systematic rigging in General election 2013 rejected the plea of PTI and said there were no organized rigging during elections.
Despite some lapses on part of Election Commission of Pakistan (ECP) “the 2013 general elections were in large part organised and conducted fairly and in accordance with the law.”
But JC also mentioned in its verdict highlighting 40 situations where ECP perpetrated of not arranging a fair election, said IK
Judicial commission added that there were no plan, design to manipulate or influence the election systematically could not be proven by any of the parties to the proceedings nor it is evident from the evidences produced before the commission.
The inquiry commission concluded in its report that “despite some lapses by the ECP it cannot be said on the evidence before the Commission that on the overall basis the elections were not a true and fair reflection of the mandate given by the electorate.”
No doubt it was a very tasty and marvellous lollypop from the judiciary to PTI but IK having no option except to accept the judicial commission report.
Soothing and solacing himself said it’s a confirmation from Judiciary that there were fraud & forgeries in the election on the part of ECP who should have been careful but could not ensure a free, fair and transparent election where Returning officer and Presiding officer had been given a free hand who destroyed and ruined the sanctity of the electoral process particularly in Punjab.
Now if we examine the verdict of Election tribunal related to Khawaja Saad Rafique disqualification in NA 125 constituency after irregularities confirmed in general election 2013.
The Tribunal in its verdict has declared NA-125 results null and void and ordered ECP to conduct re-poll in the constituency within next sixty days
Here, PTI candidate Hamid Khan had challenged the victory of PML-N’s Saad Rafiq alleging that he rigged NA-125 polls.
Saad Rafique however approached to Supreme Court of Pakistan and acquired ‘’stay order’’ a curse - sitting in the assembly – still associated with his ministerial business. Whereas legally he should have been de seated and detached with his portfolio.
ECP has stated that schedule of by-election on the seat will be announced.
Election tribunal verdict’s related to Ayaz Sadiq Speaker National assembly NA 122 has been declared null and void due to rigging confirmed in the constituency.
The Tribunal has asked ECP to held re polling in NA 122 & PP147 confirming the PTI claims that systematic rigging had taken place in the NA-122 and PP-147 constituencies
But Ayaz Sadiq (as usual like his colleague Khawaja Saad Rafiq) said that he will go Supreme Court for the reservation he had but honours the judgement of Election tribunal and added further that tribunal did not confirmed about rigging but blamed on election machinery.
A bizarre & unending episode – according to IK there are two more constituencies which he requested earlier.
Looking forward to hear from Election tribunal to get the results of two more constituencies in addition to NA 122 & NA 125 that’s he has been asking since then.
Regarding NA 122 status of Ayaz Sadiq in national assembly is no more worthy - he has lost his seat – is no more speaker of national assembly - however the actions and decisions he took during 2-1/2 - sticking to this positon though illegally considering his recent disqualification but not invalid as the Election tribunal confirms his disqualification now.
The people of Pakistan needs ‘’neat and clean election’’ so that a real democracy in the country may establish – we are a developing country we cannot afford such deliberate error that’s make the election illegal after 2-1/2 years.
For God sake don’t spoil the election – don’t do rigging – work in your area - attend people problem - work for them - serve them - win their heart by redressing their need - and get the result from your voters instead to pressurize them or rig the election by casting bogus votes to fill the stomach of ballot boxes.