Poll: Should there be investigation on Election Rigging allegations?

[VCheng]

It doesn't for 93 constituencies. Many facts like this was revealed much after the deadline to file petitions in tribunals. One further biggest question and for whom there is no remedy in 225 is that where are public documents like Form 14,15,16, and 17?

Yes it does. Article 225 clearly states that no election results can be challenged except by the method it prescribes. What people are searching for is a way to overturn the entire election in one go, which is extreme dishonesty.

 

[mr.robot]

Yes it does. Article 225 clearly states that no election results results can be challenged except by the method it prescribes. What people are searching for is a way to overturn the entire election in one go, which is extreme dishonesty.

We aren't challenging result of elections. What if the issue is, did EC perform honestly, justly, fairly and in accordance with law given above questions? If ECP violated article 218, what is the remedy?

 

[VCheng]

We aren't challenging result of elections. What if the issue is, did EC perform honestly, justly, fairly and in accordance with law given above questions? If ECP violated article 218, what is the remedy?

If the ECP does not do its job as specified, the result is an election dispute, which falls under Article 225. ALL election disputes fall under it, as clearly written.

 

[mr.robot]

We aren't challenging result of elections. What if the issue is, did EC perform honestly, justly, fairly and in accordance with law given above questions?

On whose order army soldiers didn't allow any candidate to be present at D.R.Os and R.O.s office when result was being tabulated and announced? Not releasing public documents, probable extra ballot paper printing and other WIDE RANGING irregularities by ECP don't fall under the scope of one tribunal.

 

[VCheng]

On whose order army soldiers didn't allow any candidate to be present at D.R.Os and R.O.s office when result was being tabulated and announced? Not releasing public documents, probable extra ballot paper printing and other WIDE RANGING irregularities by ECP don't fall under the scope of one tribunal.

Incorrect. Article 225 specifies that an Act of Parliament can create the necessary Tribunal for any such election issue.

 

[mr.robot]

Incorrect. Article 225 specifies that an Act of Parliament can create the necessary Tribunal for any such election issue.

Can you quote me any reference for that? I can't find any in the constitution.
Chapter 2: "Electoral Laws and Conduct of Elections" of Part VIII: "Elections"

 

[VCheng]

Can you quote me any reference for that? I can't find any in the constitution.
Chapter 2: "Electoral Laws and Conduct of Elections" of Part VIII: "Elections"

Have you read Article 225 itself?

225 Election dispute.
No election to a House or a Provincial Assembly shall be called in question except by an election petition presented to such tribunal and in such manner as may be determined by Act of Parliament.

 

[mr.robot]

Have you read Article 225 itself?

225 Election dispute.
No election to a House or a Provincial Assembly shall be called in question except by an election petition presented to such tribunal and in such manner as may be determined by Act of Parliament.

I missed that. However my question is that how wide ranging irregularities that surfaced after the deadline for tribunal's petition has passed would be inspected even if there is act of parliament?

 

[VCheng]

I missed that. However my question is that how wide ranging irregularities that surfaced after the deadline for tribunal's petition has passed would be inspected even if there is act of parliament?

It all depends on what that Act says. For example, it can extend the deadlines, or it can specify that one tribunal look at all constituencies in one go, or separately for Federal and Provincial seats. Please note that any such Act must be passed in accordance with due procedures for it to be valid.

 

[mr.robot]

It all depends on what that Act says. For example, it can extend the deadlines, or it can specify that one tribunal look at all constituencies in one go, or separately for Federal and Provincial seats. Please note that any such Act must be passed in accordance with due procedures for it to be valid.

I guess that sort of same procedure was adopted in 1976 dispute but with a presidential ordinance because it is equivalent to act of parliament.

 

[VCheng]

I guess that sort of same procedure was adopted in 1976 dispute but with a presidential ordinance because it is equivalent to act of parliament.

Correct on the equivalence. However, Presidential Ordinances have their own set of constitutional requirements and procedures and can be used only as specified under Article 89. Besides, Article 225 specifically mentions Act of Parliament, not an Ordinance..

 

[mr.robot]

Correct on the equivalence. However, Presidential Ordinances have their own set of constitutional requirements and procedures and can be used only as specified under Article 89. Besides, Article 225 specifically mentions Act of Parliament, not an Ordinance..

Presidential ordinance is equivalent to act of parliament for the time they exist. That's what I understand from Article 89 or am I missing something

An Ordinance promulgated under this Article shall have the same force and effect as an Act of 2[Majlis-e-Shoora (Parliament)] and shall be subject to like restrictions as the power of 2[Majlis-e-Shoora (Parliament)] to make law

 

[Leader]

Luckily sir, it is not up to you to interpret the law for me.

I am going to wait for the SC to give its considered opinion. Even if I do not agree with it, I will openly accept it, whatever it might be.

what you fail or oversee is the fact is a judge cannot be a judge in its own case.. this is not a question of whether you agree with it or not. you are terribly confused about it. article 225 simply doesnot apply or restrict SC from taking up the issue. how ill of someone to think that tribunal is the ultimate body to judge, when it can only be judge of a constituency election.

luckily for you, I am here ready to address your confusion about a basic understanding of the issue, which only requires common sense, IMO.

 

[Leader]

It doesn't for 93 constituencies. Many facts like this was revealed much after the deadline to file petitions in tribunals. One further biggest question and for whom there is no remedy in 225 is that where are public documents like Form 14,15,16, and 17 for every constituency of national and provincial assemblies?

he thinks that tribunal is supreme. and its the only body to govern election disputes. yes true as far as constituncy disputes are concern, but ofcourse when election itself is put into question, its the SC that has the power to hear and decide, not what @Syed.Ali.Haider 's desire..

 

[VCheng]

Presidential ordinance is equivalent to act of parliament for the time they exist. That's what I understand from Article 89 or am I missing something

The fact that an Ordinance can be voted down by the Parliament is important to keep in mind.