Will PMLN govt be able to get two-thirds majority by amending Election Act?

ARY NEWS

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Transcript

00:00She wants to get majority by amending the election act.

00:05But will she be able to get it or not?

00:07This is a very big question because there are still many legal and legal obstacles in between.

00:12What does she want? Let me tell you quickly.

00:14The first amendment of the election act was introduced in section 66 of 2017 and the second amendment in section 104.

00:23According to the first amendment, a political party cannot change the name of its membership.

00:30If a candidate does not submit a letter of opposition to a political party about his membership,

00:39then he will be considered as a free candidate.

00:42If a free candidate submits a letter of opposition about his political membership,

00:48then he will be considered as a free candidate.

00:52According to the second amendment, a party which has not given a list of specific seats cannot be given specific seats.

00:59According to section 104 of the election act, if a free candidate submits a letter of opposition to a political party,

01:08then he will be considered as a free candidate.

01:11Obviously, there is a strong reaction of the judicial system which is raising legal and legal questions.

01:17Please take a look.

01:18The decision of the Supreme Court is the interpretation of the constitution.

01:22The Supreme Court has said that according to the constitution,

01:24these specific seats are given to the PTI or the party which has the seats.

01:30Now, if there is any change in this judgment, then it can only be done by changing the constitution.

01:36Judgment is not done according to the common law and not through the common law.

01:40In the Parliamentary Affairs Committee, this government is bringing amendments to the election act

01:45that the decision of the Supreme Court should be reversed by the Parliament.

01:48If you do not agree with any decision, then if you are in the government,

01:51then go and change the law on which the Supreme Court and the courts are based.

01:56This is more of a political issue than a legal debate for Pakistan Tehreek-e-Insaf

02:01because the status of the seats which are in limbo will change if this amendment or this act is passed.

02:07But the interesting thing in this is that in two groups of the Pakistan Bar Council,

02:12there is no agreement on this.

02:14And the first press release of the entire council comes to us.

02:19And the first announcement comes.

02:21It says that the Pakistan Bar Council has made it clear in its first announcement

02:25that as the Parliament is the supreme institution, it has the right to legislate.

02:30The Pakistan Bar Council adopted the position that the work of the court is only the interpretation of the law

02:34and the administration has the right to implement the law.

02:38The Bar Council has declared that the state will use its power only through the elected representatives of the people.

02:45Now the first announcement that came to us,

02:48a few hours later we saw that another announcement came to us.

02:51And it was completely different from this.

02:53In fact, it was diametrically opposite.

02:55What does this announcement say?

02:56The members of the second group of the Pakistan Bar Council,

02:59including Abid Zubairi, Chaudhry Ishtiaq Ahmed Khan, Munir Ahmed Kakkar, Abid Hassan Saqi,

03:04Shafqat Mahmood Chauhan, Shahab Sured and Tahir Abbasi,

03:07they disagreed with the announcement of the first group.

03:10In the announcement of the second group, it was declared that the Parliament has the right to legislate,

03:15but through the legislations made in the electoral laws,

03:18the Parliament cannot go against the decision of the Supreme Court.

03:22Legislation is for the personal interests of specific people,

03:25which has nothing to do with the progress of the people or the country.

03:30So the legal fraternity on this is divided.

03:33In the first segment of the program, Bilal Azhar Qayyani,

03:35who is a member of the Standing Committee of Economic Affairs,

03:40is present with us.

03:41Atif Khan, the Chairman of the Standing Committee of Economic Affairs,

03:45he is also the second guest of our program.

03:50Let's start with Bilal Azhar Qayyani.

03:52Are you surprised that the Pakistan Bar Council is not based on one statement?

03:56One feels that the Parliament has the power,

03:59one says that the Parliament does not have the power.

04:02These are all good lawyers who have long practices.

04:06They are not agreeing with this.

04:07There is a clear division on this.

04:09In the name of God, the Most Gracious, the Most Merciful.

04:11Thank you for having me on your show.

04:12Look, often judges do not agree on things.

04:16People who are well read in the law,

04:19nor do they always have to agree on everything.

04:22But look, I will only say about these provisions that you have read,

04:27that they are heavily supported.

04:30The current law, the Elections Act,

04:33and the rules under it, the election rules,

04:35they are supported by its provisions.

04:38And the provisions that you have read,

04:40there is nothing in it that is not already accepted as a practice,

04:45by all the parties that have held previous elections.

04:49And according to the law,

04:52these things were already there,

04:54this is our opinion,

04:55and we have further clarified that.

04:58So look, very briefly,

05:00in the first provision, what are we saying?

05:01We are saying that if a person does not submit his party ticket to the returning officer at the prescribed time,

05:06then he will be considered a free candidate.

05:08And if he is considered a free candidate,

05:11then later he cannot say that he is going to fight an election with any party.

05:13This is a logical thing that everyone agrees on.

05:15Secondly, we are saying that if a party does not submit its list of reserve seats at the prescribed time,

05:20then later it cannot be eligible for the quota of reserve seats.

05:23This is also a logical thing that everyone agrees on.

05:25And thirdly, in the new provision,

05:27we are only saying that if a free candidate joins a party,

05:32then his joining is irrevocable,

05:34which is also related to Article 63A.

05:36So none of these three things are either logical,

05:40or are not supported by the law.

05:42Perfectly logical,

05:43but in the context in which you have to do this,

05:46is it logical for everyone,

05:47to take the Supreme Court's decision,

05:49and then not let the candidates submit their party affiliation papers,

05:54in the context of an election.

05:56You are talking about that,

05:57but okay, you can take the principle stance,

05:59you are the parliament,

06:00you can do anything,

06:01but there is such a big political baggage behind this.

06:03Around 80 people,

06:05whose fate it was hanging in the air,

06:08unless the Supreme Court's decision was clear,

06:10the Election Commission did not get the guidance.

06:14After that, the hand of the Election Commission was forced,

06:16that they have to do this.

06:17Before that, you were not even giving those decisions.

06:19So in that context,

06:20how is this logical?

06:21Is it a one-time thing?

06:22Because it seems that in this current situation,

06:24you are bringing a special term,

06:26so that the results of this can be controlled.

06:29No, two things.

06:30One is that this is not a one-time thing.

06:32Everyone agrees that this should be practiced right now.

06:35It is very tailor-made.

06:36It is very tailor-made.

06:37No, no, no.

06:38Absolutely tailor-made.

06:39What tailor-made?

06:40If a candidate has not submitted the ticket,

06:41then what happened?

06:42The candidate is not free.

06:43Why not?

06:44Now tell me,

06:45in the 2008 election,

06:46in the 2024 election,

06:47why all this did not happen?

06:48It is tailor-made.

06:49You tell me,

06:50what does this law have to do with that?

06:51It is very unclear.

06:52You tell me.

06:53Those 25 people…

06:54My point is,

06:55you tell me,

06:56if a person has not submitted the ticket,

06:57is he not a free candidate?

06:58Okay.

06:59He is.

07:00But in such a large number,

07:01150 people could not submit the ticket.

07:03That is a particular situation.

07:04That is a separate thing.

07:05That has nothing to do with the law.

07:06That is a very particular situation.

07:07Now, now, now,

07:08let us speak about the verdict separately.

07:09Look,

07:10the verdict of the Supreme Court,

07:11according to me,

07:12it also has a rewriting of the constitution.

07:14According to me,

07:15and I think,

07:16in that,

07:17judgments can be flawed.

07:20Even judges can make flawed decisions

07:22and people have the right to opine.

07:23And I will opine on it,

07:24both as a citizen

07:25and as a parliamentarian,

07:26that in that judgment,

07:27a party which is not in that case,

07:29which does not have a prayer,

07:31was given that relief

07:32which was not given in that case.

07:33In that,

07:34there was a question in front of them

07:35that the reserve seats

07:36should be given to the Sunni Ijtihad Council

07:38or PMLN,

07:39People's Party

07:40and other parties should have it

07:41or whatever.

07:42PTI was not even a party in that case.

07:43This is the original case.

07:44And look,

07:45and that is why…

07:46I am talking about this original sin

07:47that when candidates

07:48are not allowed

07:49to sign their party's signature,

07:50when candidates…

07:51Which was done

07:52under the decision of the Supreme Court.

07:53Before their decision,

07:54Election Commission of Pakistan

07:55decides that

07:56this is your signature,

07:57this is your signature,

07:58this is your…

07:59This is factually incorrect.

08:00Look…

08:01Within a few hours

08:02of that decision,

08:03Election Commission of Pakistan

08:04has itself not allowed

08:05the signatures.

08:06No, no.

08:07But look,

08:08under a decision of the Supreme Court,

08:09regarding the fact that

08:10PTI did not get

08:11the intraparty elections done

08:12properly,

08:13a decision was made by the Supreme Court

08:14on that,

08:15as a result of which

08:16they were told

08:17that the symbol

08:18was not allowed.

08:19So look,

08:20and…

08:21Secondly,

08:22either that case

08:23would have been

08:24in front of the court,

08:25or that prayer court

08:26would have been in front of the court.

08:27That was not in that case.

08:28PTI is not a party,

08:29it is a community.

08:30There are people,

08:31Mr. Atif is there,

08:32and there are other

08:33members of PTI.

08:34Which community

08:35is he from now?

08:36He is from PTI.

08:37Yes, he is from

08:38Sunni Tihad Council.

08:39He has willingly

08:40joined Sunni Tihad Council.

08:41Let's ask him.

08:42And his chairman,

08:43Mr. Sahilzada Hamid,

08:44he is his chairman.

08:45Are you from PTI?

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