“Seated in parliament should not make self-serving laws,” said Judge Umar Ata Bandial, Chief Justice of Pakistan, on 18 August. He may have said it in different context, but his statement resonates with painful feelings of every citizen of Pakistan. But this just a half-truth. The irony is that the law guarantee equality for of every citizen, and socio-economic and civil rights were most often shamelessly violated and compromised in service of in powerful. Compare man and woman, employer and employee of feudal lords against peasants, and military against civil. And then there is articles of The constitution has never been implemented, and the laws are frankly crooked. The ongoing political crisis appears to be result of that, since he had exposed serious shortcomings and absurdities of in system.
Article 223 of The Constitution is a prime example of this. of selfish thinking. it allows persons to participate in elections simultaneously from all constituencies of the National Assembly and from all seats in the provincial assemblies. And candidates under section 61(2) of Electoral Law 2017 not need pay the nomination fee for every place. Just one pay is enough. In 1985 practice was banned by the amendment. But it was the opposite in 1988. And since then showed her ugliness in every election.
By submitting nomination papers for all nine by-elections of On September 25, Imran Khan intentionally or unintentionally exposed the absurdity of article 223. And she has triggered some debate in country. While Khan fans believe it great possibility for their leader to prove his popularity, his opponents find it stupid.
Here is a brief history of this vile law. PER. Bhutto may have been first leader who started this trend in GE1970, when he ran for four constituencies at the same time. Since 1988 almost everyone party the leader considered necessary follow trend. Benazir Bhutto and Nawaz Sharif claimed three and four seats respectively. in 1988. Imran Khan joined in club in 1997. But absurd of this law hit “conscience” of a lot when imran khan announced competition from all nine places in the National Assembly. And it created an opportunity for me to cancel this law.
let’s also explore the economic impact of this is practice. As a result of GE2018 and GE2013, in total more over 80 by-elections were held. The country has spent about 25 billion rupees. on GE18 or on an average of Rs 30 million per NA constituency. And 120 million rubles were spent. on holding 80 by-elections is absurd of “selfish” thinking of elites. Politically it is also practice extremely harmful to our democracy. This is serious causes lack of trust. Over the years, each candidate running in elections from several seats promises the electorate of each constituency that he retain his seat. After winning several places, he vacates everything except one. Country where public trust in politicians already very low, its leaders should not indulge in blatant lie.
Learn it. If a candidate files for nomination at the same time from 133 (50%) seats in the National Assembly and 10 others file for nomination from, say, 10 seats each, and no one contests against each other. And let everyone win 50% of contested seats, meaning that 11 politicians received 116/266 or 43.6% of in total Locations in North America. Since, by law, a candidate can only retain one place, the winners will have to retire from all places except one. This means a by-election (or general election) will have to be taken place within 60 days on 105 seats again. No Assembly may elect a Prime Minister, Speaker or Deputy Speaker until house is complete. In other words, the country will be supplied on Keep for two months.
Also think. Pakistan is perhaps the only country where two different methods are used to calculate turnout: one for women and others for general turn out. Per general turnout, we divide the respondents votes with registered votes. On the other hand, to calculate women turnout, the number of womenx votes divided with questioned votes. Under section 9(1) of act if womenturnout is less than 10% of in total questioned votes in constituency, the ECP may announce results void. This section is an act of curvature for inflating women turnout avoid re-vote.
Guess also: the election commission of which country could violate the principle of equality of vote on such a scale with the delimitation of districts? Section 20(3) of Electoral Law 2017 allows only ESP in very special situation to ignore the 10% plus and minus formula of population. At GE2018, about eight constituencies more than 1.1 million people, which is far higher surcharge not more than 10%. For example, NA-35 Bannu had 1.2 million men. population while the NA37 tank had just 0.4 million. Similarly, wild differences between population and registered voters in the districts exist? For GE18, share of voters in population of in nearly 50 districts it was between 60% and 90%. For example, in Potohar region voters share in population was 80%, and in Quetta, Tharparkar and some districts of Karachi accounted for less than 30%. General, in more voters of two dozen constituencies share in population ranged from 20% to 40%. Oddly enough, no party took the above idiocy seriously. And, unfortunately, institutions who should be a keeper of rule of law and good behavior is of little concern. These wild variations are a flagrant violation of fundamental principle of equality of vote.
curvature of electoral legislation galore. Since the minimum turnout is not fixed in our electoral law, a candidate can become a deputy by receiving just 2-3% of registered votes and party could form government by obtaining just eighteen% of registered votes. No wonder no government ever had support of more than 8% of in total population. BUT parliament whose 20% of deputies have a smaller majority of victory than disabled ballots and a country whose 60% ballots gone in vain, because they do not have representation, they cannot be considered democratic.
Furthermore, in early april more more than 130 deputies of PTI resigned from the National Assembly. Five months later, only 11 resignations were accepted. By what law does the speaker procrastinate and by what law does he accept his resignation of 11 deputies and not of rest? behavior of speaker seems to in violation of article 64 of Constitution that “Member of parliament maybe by writing under his hand addressed to the speaker, renounces his seat, and thereafter his seat becomes vacant. We live under rule of by law or caprice rule of elite?
According to Adam Bonica and Michael McFaul, “There is a consensus among political scientists that democracies perform better when more people vote”. Pakistan has one of lowest turnout in in world. The reasons are above, but in the words of Dear Chief Justice, the key factor is self-serving thinking. Only people pressure can change that.
Published in Express Tribune, 4 September.th2022.
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