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Initikhabi Azrdariyon ka Muamla Kab Hal Hoga? Haider naqvi Analysis
Initikhabi Azrdariyon ka Muamla Kab Hal Hoga? Haider naqvi Analysis
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00:00 Today I called Mr. Qamar Dilshahd regarding the same issue of reserve seat.
00:05 I asked him to tell us what are the possibilities in your opinion.
00:12 He was busy somewhere and he sent a voice note. Let's listen to it.
00:16 After the request of the Sunni Council of Pakistan,
00:23 the Sunni Council of Pakistan has decided whether the request of the Sunni Council of Pakistan is correct under Section 104 of the Election Act or not.
00:38 In these circumstances, the Sunni Council of Pakistan has decided to use its own powers and will decide keeping in mind the whole Election Act.
00:50 So, obviously, the Sunni Council of Pakistan has to decide whether it is the Article 224 of the Constitution or Section 104 of the Election Act.
01:01 Qamar Dilshahd is saying that this is the right of the Election Commission of Pakistan to decide whether the Sunni Council of Pakistan has a mandate.
01:16 People have given a mandate to a particular political party. Therefore, this decision can be made.
01:22 This is in the power of the Election Commission.
01:24 Quick question, Hafiz sahib. Should the Election Commission decide or should the Constitutional Court go to the Supreme Court?
01:31 Let me tell you that discretion is used in the parameters of the law.
01:36 Discretion is not that the spirit or intent of the law is this and I decide and say that it is according to discretion.
01:44 The Election Commission of Pakistan has the right to decide under Section 104.
01:49 If it thinks that this party is not present in the Assembly, then it should accept the declaration of 87 members and it will also allocate reserve seats or minorities according to the proportion system.
02:04 But I think that the Election Commission of Pakistan will decide that because this political party has not come on the election symbols,
02:13 because the basic condition of the Constitution is that if you want to take a seat in the Assembly, then you need 5% votes.
02:20 If you do not have 5% votes and if you have one presence, then you will not get a reserve seat.
02:26 There is also a benchmark in the Constitution and in the law to take your votes.
02:30 Now the Sunni Council of the United Nations has not taken a single vote in the whole of Pakistan.
02:34 So when there is not even a vote of any party, that criteria does not meet.
02:39 There is no candidate of that party, that is not there either.
02:41 And then when your election schedule comes, then both schedules come out.
02:45 Your general elections also come out and your reserve seats.
02:48 And in that, there were 15 to 24 dates.
02:51 Now there are not even 24 dates.
02:54 Then you have to give that asset declaration.
02:57 Kamal Dilshah has explained very clearly in it that if this waiver has to be given, then they have the power.
03:07 And if the Election Commission, which I think is in this thing,
03:11 that because it is not there in both places, then the Election Commission will go into the strictest sense of the law
03:16 and the decision will come in the same way as you have seen before.
03:20 Let's move on.
03:21 Extreme Exemption.
03:22 Yesterday, Mr. Naqvi said that in 2018, there are a lot of exceptions.
03:27 So today, Mr. Naqvi, we checked a little.
03:29 Our reporter has told us that about 650 exemptions have been collected.
03:34 And today in the newspapers, you saw that about 300 initial complaints have been collected.
03:42 They have to be decided.
03:43 So let's start with Mr. Hafiz.
03:45 Then I will come to you.
03:46 Mr. Naqvi, please tell us quickly how long does it take to collect an exemption and when will it be decided?
03:53 Unfortunately, it does not happen, but what is its legal scheme?
03:59 Article 139, 140 and 141 deal with it.
04:04 The time period for filing it, when your gazette notification comes, if it is done today on 22nd,
04:10 then within 45 days you can file it.
04:15 And within 120 days it has to be decided.
04:17 And within 120 days.
04:18 And this was the first time in the Pakistan Act of 2017 that the election tribunals are your serving judges.
04:24 Why are the decisions not made on time?
04:25 I think that in it, some courts also have this responsibility, they should do it.
04:30 Some winning candidates deliberately linger on.
04:33 And third, in it, your passion for fighting a case for the first time,
04:38 so with time, there is a shortage in it.
04:41 Then lawyers, and you have seen that in the last process, there were many such cases
04:46 that your session was over, that is, the assembly completed its five years,
04:51 and your election petitions were pending.
04:54 Absolutely right.
04:55 Mr. Naqvi, moving forward, the argument you presented was great,
04:59 but I say that this election tribunal is someone's fault, it is right.
05:02 If the law says that within 120 days their decision should be made, then it should be done.
05:08 Judges are there, tribunal is there, they have all the staff.
05:11 Why are these decisions not made?
05:13 I mean, the law is made, but there is no implementation on it.
05:16 Yes, look, Mr. Khawar Gurmeer, I said yesterday about the 2018 election tribunals.
05:22 I also said one more thing yesterday, that the current situation should be based on past incidents.
05:29 Now you talk about the election tribunals, instead of the people who are listening to us,
05:34 who are watching us, there must be thousands, lakhs, whoever there are,
05:38 we should put them in a different direction, we should give them mathematics,
05:42 we should try to explain them the law, we talk about a precedent, we talk about the past.
05:48 How many election tribunals have such decisions and they were followed?
05:52 Qasim Suri Sahib, you will remember, in 2018, he stayed on stay for four years,
05:56 and one day he came to the assembly, he destroyed the entire assembly and left.
06:00 What will happen after the election tribunals? People will go to the courts,
06:03 High Court, Supreme Court, they will go and take stay from there.
06:06 So instead of showing the nation this picture that yes, these decisions can also come from the election tribunal,
06:12 we should tell the nation what the time is.
06:15 What is the solution?
06:16 The time is now to move forward. The solution is that we move forward, we dialogue.
06:21 Yesterday, a very good thing happened in the show of Qasim Abbasi,
06:24 that a discussion of the strength of the Charter of Democracy should be discussed.
06:29 All the communities should sit together and talk, whether it is the Charter of Democracy.
06:34 Look, the Charter of Democracy as a community, at the moment,
06:38 there is no restriction that it does not exist as a community.
06:44 When is the election? The sign that the Commission or the Supreme Court took back,
06:49 that sign of the Charter of Democracy, the rules of the Election Commission,
06:53 the clauses we talk about, the constitution we talk about,
06:56 they took it under the condition that you did not keep all those things in view during the intra-party election as it should have been.