Shameful Behaviour of Election Commission in Hearing Against Yousaf Raza Gillani 9-3-2021

[H!TchHiker]

President submitted reference seeking advice from SC therefore SC interpreted the constitutional clause of secrecy .... if its not binding then ECP could simply say it will never implement identifiable voting system in Senate as it is against the constitution ..... ECP is not saying this but chose not to act as per SC advice ONLY in this election, future Senate elections will be held as per SC advice.

With respect ...President reference was that Senate election is to be held as per election rules rather constitution ...ECP view it was as per under constitution ...Sc maintain that Senate election as per constitution ...where it is clearly mentioned what EcP was stating ...
SC simply advice ECP to use technology to make it more transparent ...no where it said anything about vote traceable or something else.....
IF that was Order or binding government can simply file contempt case against ECP...
No one can defer SC order...if it's order .

 

[newb3e]

so can we please ask the genrails who protected shareefs and zardari how the fk their minion their paltu doggys became so powerful that now they control every institution in this country! ecb fbr nab everything or maybe pindi also!

masters became pet is it?
ppp is a minority party in national assembly and they will have majority in senate and will have their chairman!! jamhoriyat ka husun!

 

[HRK]

SC simply advice ECP to use technology to make it more transparent ...no where it said anything about vote traceable or something else.....

Again SC and as you said as well "SC simply advised ECP to use technology to make it more transparent" on the basis that Secrecy of Ballot is Not Absolute and could not remain Secret Forever .... it was up to ECP to use technology which it find appropriate to serve the purpose under the advice of SC.

Now plz tell me when ECP accept it in principle then why ECP chose to exempt this election .... ???

Again my understanding is that

- ECP in worst case scenario wilfully Failed to maintain Impartiality [which in my believe is a more likely reason]

- Or ECP Failed to conducted Fair election due to its incapability for which it was advised earlier by SC and by not addressing its incapability even after the SC advice it seems this is the classic case of WILFUL NEGLIGENCE

In any case ECP could not relief itself from the mess it has created ....

 

[Jungibaaz]

Again SC and as you said as well "SC simply advised ECP to use technology to make it more transparent" on the basis that Secrecy of Ballot is Not Absolute and could not remain Secret Forever .... it was up to ECP to use technology which it find appropriate to serve the purpose under the advice of SC.

Now plz tell me when ECP accept it in principle then why ECP chose to exempt this election .... ???

Again my understanding is that

- ECP in worst case scenario wilfully Failed to maintain Impartiality [which my believe is the more a likely reason]

- Or ECP Failed to conducted Fair election due to its incapability for which it was advised earlier by SC and by not addressing its incapability even after the SC advice it seems this is the classic case of WILFUL NEGLIGENCE

In any case ECP could not relief itself from the mess it has created ....

The SC short order only upheld the secrecy of ballots, it gave no specific directives or procedures that the ECP should implement. The government's wishes and whims are not binding. ECP followed the normal procedure and in line with the constitution and SC judgement. This is not a case of failing to maintain their impartiality, on the contrary, if they had done as the government asked it would be an example of losing their impartiality.

As I've said many times, if Imran believes that they as you have said, that the ECP failed to be impartial, or were willfully negligent, then let's have him file a judicial reference. Let's see if the SC agrees with his view, I'm sure they won't.

 

[HRK]

The SC short order only upheld the secrecy of ballots, it gave no specific directives or procedures that the ECP should implement. The government's wishes and whims are not binding. ECP followed the normal procedure and in line with the constitution and SC judgement. This is not a case of failing to maintain their impartiality, on the contrary, if they had done as the government asked it would be an example of losing their impartiality.

All I have in reply to your post is the Screenshot of SC Opinion on the Presidential Reference and Screenshot of Relevant Clause of Constitution of Pakistan plz have alook at it .....

For Link from SC website [plz click here]

Constitutional Clause related to ECP Duties is clear that ECP is DUTY BOUND to act proactive role to Guard against CORRUPT PRACTICES ..... ???

Now simple and basic questions .....

Did ECP proactively guard Senate Election against the Corrupt Practices .... ???

No corrupt Practice was employed by Opposition to influence the result of Gilani Seat .... ???

IF your answer is NO then could you plz tell me Are you also advocating to ACCEPT THE CORRUPT PRACTICES .... ???

Hope you would reply these quires ....

As I've said many times, if Imran believes that they as you have said, that the ECP failed to be impartial, or were willfully negligent, then let's have him file a judicial reference. Let's see if the SC agrees with his view, I'm sure they won't.

This is not the question IF but When ....

 

[HRK]

just listen it carefully how ECP is again favouring Gillani and employing delaying tactics.

 

[alibaz]

The problem is with the consistency in approach, on one hand it dispenses justice within hours in Daska elections. One party requested for repolling in 23 Polling stations but ECP granted them repolling in whole constituency. On the other hand once requested against Gillani, they even denied their own official media statement regarding taking notice of the situation and above all Chief ECP had something else very important and never bothered to attend even a single hearing. Comments of ECP members during the hearing and the behaviour of election staff during polling in NA is indicative of something. Decisions could be anything in both cases but approach to different complaints should be consistent.

May Allah bless us all

 

[crankthatskunk]

With respect ...President reference was that Senate election is to be held as per election rules rather constitution ...ECP view it was as per under constitution ...Sc maintain that Senate election as per constitution ...where it is clearly mentioned what EcP was stating ...
SC simply advice ECP to use technology to make it more transparent ...no where it said anything about vote traceable or something else.....
IF that was Order or binding government can simply file contempt case against ECP...
No one can defer SC order...if it's order .

Don't misguide mate.

Supreme Court didn't only said that technology should be used.
It passed a judgement/ruling which was explanation of the Constitution of Pakistan.
SCP said that the anonymity cannot be for indefinite period. Therefore, technology should be used to make sure that identities are traceable at a later date.

Once SCP passes a clarification, explanation of Constitution, from the time the order/ruling is passed, it becomes part of the constitution. Thus after the SCP ruling the ECP should have abide by the ruling.
Therefore, the Senate Elections conducted by ECP were not according to the Constitution.
I wish PTI legal team should do a better presentation.
If i was representing them, I would have taken on the ECP members.

For this reason, the SCP passed the ruling before the Senate Commission, because they wanted their ruling to be implemented for Senate Elections.

 

[H!TchHiker]

Don't misguide mate.

Supreme Court didn't only said that technology should be used.
It passed a judgement/ruling which was explanation of the Constitution of Pakistan.
SCP said that the anonymity cannot be for indefinite period. Therefore, technology should be used to make sure that identities are traceable at a later date.

Once SCP passes a clarification, explanation of Constitution, from the time the order/ruling is passed, it becomes part of the constitution. Thus after the SCP ruling the ECP should have abide by the ruling.
Therefore, the Senate Elections conducted by ECP were not according to the Constitution.
I wish PTI legal team should do a better presentation.
If i was representing them, I would have taken on the ECP members.

For this reason, the SCP passed the ruling before the Senate Commission, because they wanted their ruling to be implemented for Senate Elections.

Pardon me for misguiding .....
Supreme Court can not amend the constitution ...there is only one way to amend it...No ruling or interpretation become part of constitution ...this power is with members of NA not any court ....
If this was ruling it's a simple game ...Government can go to supreme court that elections are not held as per your change in constituion..SC will simply declare all Senate elections null and void and also charge ECP with contempt not following the ORDER...what's that issue ?why government is not going to SC ?

 

[crankthatskunk]

Pardon me for misguiding .....
Supreme Court can not amend the constitution ...there is only one way to amend it...No ruling or interpretation become part of constitution ...this power is with members of NA not any court ....
If this was ruling it's a simple game ...Government can go to supreme court that elections are not held as per your change in constituion..SC will simply declare all Senate elections null and void and also charge ECP with contempt not following the ORDER...what's that issue ?why government is not going to SC ?

Don't split the hair. I clearly said that SCP has the power to give explanation of the Sections/Clauses of Constitution of Pakistan. Once it provides the explanation or meaning to any section or clause of the Constitution of Pakistan, that explanation or meaning in later and spirit becomes part of the constitution.

Supreme Court didn't change the constitution, it provided the explanation on the subject of anonymity.
After its explanation, their ruling is binding.
ECP has not followed the binding explanation of the SCP. Thus it didn't conduct the Senate Election according to the constitution of Pakistan.

 

[H!TchHiker]

Don't split the hair. I clearly said that SCP has the power to give explanation of the Sections/Clauses of Constitution of Pakistan. Once it provides the explanation or meaning to any section or clause of the Constitution of Pakistan, that explanation or meaning in later and spirit becomes part of the constitution.

Supreme Court didn't change the constitution, it provided the explanation on the subject of anonymity.
After its explanation, their ruling is binding.
ECP has not followed the binding explanation of the SCP. Thus it didn't conduct the Senate Election according to the constitution of Pakistan.

.now that election are not as per constitution ...it's very easy for government to go SC and have elections null and void...who is stopping Government ?
Anyhow this all will settled down when sanjrani will become chairman.

 

[Jf Thunder]

It is high time, that PM Imran Khan dissolves the ECP via an ordinance, and then appoints himself as Chief Election Commissioner of a one member Election Commission of Pakistan.

 

[crankthatskunk]

.now that election are not as per constitution ...it's very easy for government to go SC and have elections null and void...who is stopping Government ?
Anyhow this all will settled down when sanjrani will become chairman.

They will in due course.
Why you think they went to IHC!! Even though the reputation of IHC and that of Atherminullah is known to every intelligent person. But PTI followed that path, knowing well what Atherminallah would do.

If they have gone directly to the SCP, SCP may have asked them to approach the High Courts first.

It is high time, that PM Imran Khan dissolves the ECP via an ordinance, and then appoints himself as Chief Election Commissioner of a one member Election Commission of Pakistan.

Agreed, and you should be the gatekeeper of the ECP.
You think two people would suffice to run the ECP!!

 

[H!TchHiker]

They will in due course.
Why you think they went to IHC!! Even though the reputation of IHC and that of Atherminullah is known to every intelligent person. But PTI followed that path, knowing well what Atherminallah would do.

If they have gone directly to the SCP, SCP may have asked them to approach the High Courts first.


Agreed, and you should be the gatekeeper of the ECP.
You think two people would suffice to run the ECP!!

They didn't went to IHC with a plea that elections are not as per constitution ...as directed by SC..they just take gillani issue there ....not constitutional matter that ballot were not traceable...
Since all Senate elections will be declare bill and void then.....
Pick and choose is not healthy practice

 

[ghazi52]