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PeopleLess Elections!
Dr. Anwar Ul Haque
The Election Commission of Pakistan apart from illegally andunconstitutionally deleting the important disqualifications for the candidatefor the office of President for next term, is going to hold PresidentialElections on October 6th, 2007 in which 160 millions people'scurrent consent is totally bypassed. Believe it or not 160 millions Pakistaniswill not be able to choose President of their liking in so called 2007Presidential Elections. Even if 100% people are dissatisfied with the Gen.Musharraf's performance in the last term, they will not be able to change himand bring President of their choice. Thisis the type of "Democracy American, European, Russian and Indian Governments wantin Pakistan.International Monetary Fund (IMF), World Bank and their related organizationse.g. Paris Club, Asian Development Bank etc also like to have such shamdemocracies in Muslim World so that their cycle of making billions from poorpeople through lending, wasting and than milting money would continue.
CIA is known to topple the elected democracies in Muslimsworld and install its puppets. In Iran,popular leader Dr. Mussadiq was topple through CIA orchestrated fake protestrallies and Shah was brought from asylum and was imposed on the necks ofIranians for decades with one of the most brutal SOVAK intelligence organizationcarrying out worst possible stateterrorism against innocent citizens. Interestingly American Senators openlytake credit for brining dictator Shah and publicly express their pride in overthrow of democratically elected Governments. In Pakistanwe saw the similar drama with little different script but with the same ending.From Egypt to Moroccowe witness similar "elections" and similar results. So Pakistanis about to enter in the list of sham democracies where every thing ismanipulated and real public is kept of all affairs. An expiring assembly withno right to represent people of 2007 will be made to vote in this fraudulentpractice which is given the name of "Presidential Elections". A rock of ironcannot become a rock of gold by calling it gold.
Although everyone knows what Elections mean and what is theimportance of fresh mandate before commencing new term, let me present thefollowing definitions and explanations from WIKIPEDIA which is one of theWorld's most popular Encyclopedias with constant updates on Internet. Itswebsite address is http://en.wikipedia.org/wiki/Election.All references can be checked from there. In addition I have taken onereference from Encyclopedia Britannica (15th Edition, pages 529-530)
Definitions of the democratic elections
An election is a decisionmaking process where people choose people to hold official offices. This isthe usual mechanism by which modern democracyfills offices in the legislature, sometimes in the executive and judiciary,and for regional and localgovernment. This is also typically the case in a wide range of otherprivate and businessorganizations,from clubs to voluntary associations and corporations.However, as Montesquieu points out in Book II, Chapter 2 of 'TheSpirit of Laws,' in the case of elections in either a republic or ademocracy, voters alternate between being the rulers of the country as well asbeing the subjects of the government, with the act of voting being thesovereign (or ruling) capacity, in which the people act as 'masters' selecting their government'servants.' Rather, the unique characteristics of democracies andrepublics is the recognition that the only legitimate source of power forgovernment 'of the people, by the people, and for the people' isthe consent of the governed -- the peoplethemselves.
Inpoliticaltheory, the authority of the governmentin democracies derives solely from the consent of the governed. Theprincipal mechanism for translating that consent into governmental authorityis the holding of elections. It is agreed, that elections should be freeand fair.
Thereis a broad consensus as to what kind of elections can be considered free andfair. Jeane Kirkpatrick, scholar and former UnitedStates ambassadorto the United Nations, has offered this definition:'Democratic elections are not merely symbolic....They are competitive, periodic,inclusive, definitive elections in which the chief decision-makers in agovernment are selected by citizenswho enjoy broad freedom to criticize government, to publish their criticism andto present alternatives.'
The Democracy Watch (International)website, further defines fair democratic elections as, 'Elections in whichgreat care is taken to prevent any explicit or hidden structural biastowards any one candidate, aside from those beneficial biases thatnaturally result from an electorate that is equally well informed about the variousassets and liabilities of each candidate'. This was more formally statedin 2000 by Chief Justice MurrayGleeson of the Australian High Court as 'Thedemocratic and lawful means of securing change, if change be necessary, is anexpression of the will of an informed electorate.'
Scheduling:
The nature of democracy is that elected officials areaccountable to the people, and they must return to the voters at prescribedintervals to seek their mandateto continue in office. For that reason most democratic constitutions providethat elections are held at fixed regular intervals.
Democracy:
Democracy describes a small number of related forms of government. The fundamentalfeatures of democracies includegovernment based on majority rule and the consent of the governed, theexistence of free and fair elections, the protection of political minorities, respectfor basic human rights, equality before the law, due process,and political pluralism.[1]
Today, in liberal democracies, representatives areusually elected in free, secret-ballot, multi-party elections. The power ofrepresentatives in a liberal democracy is usually curtailed by a constitution(as in a constitutional republic or a constitutional monarchy) or other measuresto balance representative power: An independent judiciary,which may have the power to declare legislative acts unconstitutional (e.g. SupremeCourt)
Encyclopedia Britannica (15thEdition, pages 529-530) under "Modern Electoral System" describes:
8) "Fundamental to the use ofelections is the contribution that they make to democratic government. Wherethe members of the body politic cannot themselves govern and must entrust governmentto representatives, elections serve not only to select leaders acceptable tothe voters but also to old the leaders accountable for their performance in theoffice."
No body has right to snatch away theright the 160 million people's to vote for the President in 2007 and holdaccountable those in power for the previous 5 years' performance. Withoutthis accountability and expressed consent of people which is called mandate,there is no concept of election and such process can not be termed as"Elections". At best it can be regarded as Election of 2002 butcertainly not of 2007. If majority of people in 2007 reject Musharraf's lastfive year performance and do not want him as their representative, how will theyreject him and choose their representative President for next five years,except of course through their newly elected MNAs and MPAs. By holdingPresidential Elections prior to National & Provincial Assemblies'Elections, the incumbent in collaboration with subservient Election Commissionis trying to deceive people and the world and run off with unauthorized,undemocratic and anti constitution dictatorial power for next without people'smandate. The Fresh elections of assemblies and President must represent freshand current mandate of people in view of their previous five years experienceof the performance of the incumbent Government. Whether direct or indirect the elections must reflect the freshmandate of people.
If people are denied form basic andfundamental right to choose their representative i.e. President, then it is straightand very serious violation of the constitution which says: "Wherein the State shall exercise its powers and authority throughthe chosen representatives of the people; (Preamble). The constitution isvery clear about the necessity of having fresh mandate as it says: "Havingreceived the democratic mandate to serve the nation as President of Pakistan for a period of five year" [41 (7 "“b)]
According to Attorney General'sstatement in this court the term of President ends on 15th November.The constitution clearly says "Electionto the office of President shall be held not earlier than sixty days and not later than thirty days before theexpiration of the term of the President in office (15th December2007 in present scenario). (43 -4) So there should be no hindrance inholding Presidential Elections after Elections of Assemblies. This happens allover the world. President is elected with fresh mandate from fresh assemblieslike Turkey whereAbdullah Gull is elected from Parliament in 3rd round.
HoldingPresidential Elections before National and Provincial Assemblies would implygetting "elected" from an assembly whose current popularity and approval amongpeople of Pakistanhad not been tested and hence neither can be taken as expressed consent of 2007nor are they able do the accountability of the incumbent. Please note thefollowing points;
Many people have died in last five year and theirmandate can not be held valid for next term.
Many people have attained the age for voting and thus cannotbe deprived of their choice in electing new President via new assemblies
Many people have changed their opinion now after seeingthe performance of Gen. Musharraf Regime over last 5 years. Their currentopinion must be represented in choosing new President for the new term
The insistence of the ruling partymembers to hold Presidential "Elections" from about to expire assembliesactually show their firm belief that the vast majority of Pakistanis aredissatisfied with Gen. Musharraf's past five year performance and they willInsha Allah badly reject him in coming polls. Otherwise they would gladly holdthe elections of assemblies first. Instead of being ashamed of their very poorperformance and repent, they want to deprive 16 crore Pakistanis their right toevaluate their performance and show their consent or lack of it through newlyelected assembly members. Once the incumbent is crookedly elected he willfacilitate in turn their re-election by hook or crook through the most obedientElection Commission. He will then pick up a yes man Prime Minister. In otherwords a firm dictatorship will be again imposed on the necks of the people of Pakistan.On behalf of common poor people huge loans will again be obtained and wasted.The poor people will be asked to pay for the loans plus many times compoundinterest resulting in sky high prices as is happening right now. This is one of the important reasons whyexternal exploiter forces are trying their best to get him "elected" throughsham elections. If permitted this would be shear slavery for the nation and awaste of all efforts of Qaid-e-Azam Muhammad Ali Jinnah and hundreds ofthousands of people who laid their lives in obtaining a free and independent Pakistan.
HoldingPresidential Elections earlier than the elections of National and ProvincialAssemblies will continue and perpetuate the vicious circle as every timePresident's expiry will be before expiry of the National and ProvincialAssemblies guarantying all the times non representative President with the same tactics and gimmicks and with sameoutcome
"Thevalidity of the election of the President shall not be called in question by orbefore any court or other authority" 41 (6). Therefore it is important topostpone the Presidential Elections till successful holding of assemblies' elections.If President expires then the Chairman Senate can take over as interimPresident but under no circumstances elections may be held form assemblies withno mandate beyond 2007. If we do not take immediate action, an irreparabledamage to Islamic Republic of Pakistan and its 16 crore people may beunavoidable as Pakistanwill be governed by a non representative President who would safeguard theinterest of his foreign masters rather than the people of Pakistan.Although in my opinion the process still can be challenged as it does notqualify election of 2007 at all provided courts have the courage and faith tolisten to these.
Itis hoped that the Honorable Courts will, in view of aforementioned well foundedlegitimate rights and reasons in line with Constitution as well as according tofree and fair Election practices in all true democracies of the world, will ordera stay of so called Presidential Elections scheduled for October 6 till thesuccessful completion of elections of National & Provincial Assemblies. Underno circumstances 160 million Pakistanis' right o vote in Presidential Electionsthrough new assembly members is allowed to be snatched away and country beallowed to be ruled by a non representative so called President. We must learnfrom Fall of Dacca.
These so called Presidential Elections of 2007 in whichpeople have no say at all and are absolutely against all laws and theConstitution will NOT be accepted by people. This will only increase further revulsionand repulsion against USAand Western powers in common people. Gen. Musharraf will not survive even ifthese sham elections try to strengthen his chair. The conscious people of theworld and all human rights organization must condemn these so called peopleless elections as the elections must represent current approval and disapprovalof the candidates. It does not matter whether elections are direct or indirecti.e. through freshly elected representatives. The overtly brutal and terroristactions of the Government against lawyers, journalists and common people throughabuse of army, police and rangers will NOT be able to make people accept the farceand charade elections and its outcome. When there will be no respect and honorof the law at the apex, other people will not abide by law and hence this willbe a recipe for further violence and counter terrorism against state and globalterrorism.
It is essential that the educated and conscious class of thesociety stand up to reform the society and instill the moral and ethical valuesat all levels which will provide strength to the society and courage to resist falsehood.There is no better way to do than to teach the final and eternally preservedbook of Allah Ta'lah i.e. Quran-e-Majeed. In this regard the role of so calledscholars and Islamic parties had been very disappointing. Many so calledreligious scholars instead of reforming the society in the right directions hadchosen to make money by abusing religion. As there is no role of clergy inIslam, the responsibility lies on all of us as we are chosen by Allah to berole model for the rest of the world like Prophet (PBUH) was the role model forus. We must therefore both resist frauds e.g. Sham elections on one hand and tobe the role model based on the lofty ideals of highest ethical and moralvalues. This will Insha Allah lift us to the highest horizons and will brightenthe world with truly moderate and enlightened Islam as it is and in sharpcontrast to that of Musharraf regime which is based on dictatorship, vulgarity,incompetence, corruption and gross abuse of human rights.
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Anwar UlHaque, MD
Prof. (Dr.) Anwar Ul Haque
(Prof. Anwar Ul Haque challenged Gen Musharraf but SupremeCourt of Pakistan did not allow him to contest the Presidential Elections whileremained silent over Musharraf although he is also a Government Servant.)
Consultant Pathologist
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