Pakistan Supreme Court: President Election Should Proceed As Planned
ISLAMABAD (AP)–Pakistan’s Supreme Court ruled Friday that the weekend election expected to extend President Gen. Pervez Musharraf’s eight-year rule can proceed as planned.** Presiding Justice Javed Iqbal rejected an appeal from Musharraf’s opponents for a delay, saying that “the election process should continue as per schedule.”
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Re: Hearing of Presidential Petitions Completed - SC Verdict Soon
CNN is speculating that it is rather conveniant political timing. SC to decide on 17th, BB to return the next day. Everyone knows Musharraf will win, so he will claim the Presidency for another 5 years on that basis, especially as they are letting him stand in uniform, and from these assemblies.
I agree with this view point...
I think it is a victory for the General as the court has not stopped him from contesting the election in uniform....
For opposition also court has also given some face saving....
Re: Hearing of Presidential Petitions Completed - SC Verdict Soon
Crash course in independent-minded judiciary as well. :)
I think judiciary is more confused than independent. I said while back that the SC doesn't want direct confrontation with military government, and that is whats happening.
Re: Hearing of Presidential Petitions Completed - SC Verdict Soon
Whatever the "final" ruling on the 17th the Supreme Court has set two precedents. It has:-
allowed a serving Army Chief to stand for election as President.
allowed 5-year tem assemblies (about to complete their term) the chance to re-elect the same President for another 5 years.
Here is what if kind of scenario. On Oct. 17 court could say Mushrraf can't be a president b/c of 2 years retirement requirement, but let the election results stand and say the guy with 2nd most votes gets the presidency ( kind of like Gore vs Bush in 2000). In which case Makdoom Amin Fahim will become the president. Can that happen and if so what will Mushrraf do?
Re: Hearing of Presidential Petitions Completed - SC Verdict Soon
That is unlikely to happen, especially as Fahim is only likely to get about 15% of the electoral college votes in total. Bush and Gore were pretty much neck and neck. So allowing Fahim to become President by default with just 15% of the votes (and disqualifying Musharraf with 55% of the votes) would be a big joke. The dilema for the Supreme Court will come after the actual election is completed tomorrow, namely:-
Article 41 (6) of the Constitution of Pakistan.
The validity of the election of the President shall not be called in question by or before any court or other authority.
Re: Hearing of Presidential Petitions Completed - SC Verdict Soon
Here is what if kind of scenario. On Oct. 17 court could say Mushrraf can't be a president b/c of 2 years retirement requirement, but let the election results stand and say the guy with 2nd most votes gets the presidency ( kind of like Gore vs Bush in 2000). In which case Makdoom Amin Fahim will become the president. Can that happen and if so what will Mushrraf do?
Re: Hearing of Presidential Petitions Completed - SC Verdict Soon
Well, this is about qualification of an individuals to contest the election, and not about the election itself. If and individual is not qualify to contest election, than question of validity of election isn’t there.
Re: Hearing of Presidential Petitions Completed - SC Verdict Soon
Well, this is about qualification of an individuals to contest the election, and not about the election itself. If and individual is not qualify to contest election, than question of validity of election isn't there.
It's vice versa I think...
Elections can not be invalidated....An individual can be disqualified...
The President.
(1) There shall be a President of Pakistan who shall be the Head of State and shall represent the unity of the Republic.
(2) A person shall not be qualified for election as President unless he is a Muslim of not less than forty-five years of age and is qualified to be elected as member of the National Assembly.
Re: Hearing of Presidential Petitions Completed - SC Verdict Soon
The Supreme Court maybe indecisive, but it is not stupid. If it decides to disqualify Musharraf after he is re-elected, it will most likelly to order the Presidential Election be held again, rather than letting someone with just 15% of the votes become President by default. The new Presidential Election would be held by the next assemblies i.e. Feb/March 2008 until which time Musharraf would remain Presindent & COAS. I have said that all along.
Re: Hearing of Presidential Petitions Completed - SC Verdict Soon
Well, this is about qualification of an individuals to contest the election, and not about the election itself. If and individual is not qualify to contest election, than question of validity of election isn't there.
That's the thing. You usually decide an individual's eligibility and right to contest the election before the election, not after. It would have been better had they delayed the elections by some days and decided the elibility first, instead of tying themselves up in knots like this. I believe this only a temporay sop to the other side and will just declare Musharraf eligbile on the 17th. They have had weeks of deliberations on his eligibilty and the constitutional provisions around it, and have made their minds up that they will not take on the govt on this matter. Last Friday's decision was proof of that as well.
The decisions is 70% in Musharraf's favour, as they have allowed him to stand for election in uniform and by these assemblies. If he gets elected with a sound majority then overall the ruling will be 80% in his favour.
Re: Hearing of Presidential Petitions Completed - SC Verdict Soon
That's the thing. You usually decide an individual's eligibility and right to contest the election before the election, not after. It would have been better had they delayed the elections by some days and decided the elibility first, instead of tying themselves up in knots like this. I believe this only a temporay sop to the other side and will just declare Musharraf eligbile on the 17th. They have had weeks of deliberations on his eligibilty and the constitutional provisions around it, and have made their minds up that they will not take on the govt on this matter. Last Friday's decision was proof of that as well.
The decisions is 70% in Musharraf's favour, as they have allowed him to stand for election in uniform and by these assemblies. If he gets elected with a sound majority then overall the ruling will be 80% in his favour.
If they wanted to decalre him eligible they would have done so before the elections. They have completed all the delibrations.....Remember Falak Sher remarks...