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Why is Pakistan’s PTI fighting for reserved seats in parliament? – Al Jazeera English

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Islamabad, Pakistan — It is the latest setback for former Pakistan Prime Minister Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party.

On Monday, the Election Commission of Pakistan (ECP) declared that the PTI-backed Sunni Ittehad Council (SIC) could not claim allocated reserved seats in the national and provincial assemblies.

PTI, unable to contest recent elections due to a ban on their electoral symbol, instructed its candidates to join the right-wing fringe religious party in order to extend their numerical strength in the National Assembly.

In its 22-page judgment issued on Monday, the five-member electoral body decided 4-1 that the SIC failed to submit a party list for reserved candidates before the ECP’s deadline of February 22, two weeks after the February 8 election.

Pakistan’s National Assembly has a total of 70 reserved seats which are distributed among parties based upon their performance in the general elections. Similarly, the four provincial assemblies have a combined total of 149 reserved seats that are similarly distributed.

A majority of these reserved seats have already been allocated — around 77 remain vacant, for now.

PTI has criticised the ECP judgement, calling it an attack on democracy.

“This is the last assault on the heart of democracy,” Senator Ali Zafar of PTI, and a senior party lawyer said during a speech in the Senate, the upper house of the assembly on Monday after the decision was announced.

The ECP’s decision opens the door for a prolonged legal battle, as PTI has announced it will challenge the decision in higher courts.

However, if the party fails to overturn it, it could further dent its position in the lower house of parliament, potentially allowing the ruling coalition to gain a two-thirds majority in the 336-member National Assembly.

What are reserved seats — and why do they matter?

Pakistan’s general elections for the National Assembly take place on 266 seats. But there are an additional 70 reserved seats (60 for women and 10 for minorities) which give the body a total size of 336 seats.

To achieve a simple majority to form a government, a total of 169 seats is required. However, a two-thirds majority — or 224 votes — is necessary to make any constitutional amendments.

Reserved seats are allocated only to political parties that win seats in the National Assembly, and the distribution is done based on their proportional representation after the general elections. Similarly, reserved seats are allocated in provincial assemblies based on the parties’ proportionate performances.

According to regulations, any political party contesting the polls must submit a list of their nominations for reserved seats prior to elections, as per the schedule given by the ECP. However, after the polls, if a party has over-performed and needs to submit additional names for reserved candidates, it has two weeks to do so. 

Independents have three days after their win announcement to declare their affiliation with a party in the assembly.

The party they join gets a boost in the number of reserved seats it gets, commensurate with the number of independents that join it.

In the National Assembly, the ECP has already allocated at least 40 out of 60 seats to different political parties for their reserved quota for women. Similarly, seven out of 10 seats reserved for the minorities quota have already been allocated in the lower house of the parliament. The rest are currently vacant.

What happened in the current elections?

Forced to contest the recent general elections on February 8 without its party symbol – the cricket bat – due to violating election rules, PTI fielded candidates as independents.

Despite facing a nationwide crackdown for nearly two years, with its leader, former Prime Minister Imran Khan, imprisoned since August last year, and its candidates unable to campaign freely, PTI still emerged as the single largest bloc, with its candidates winning 93 seats.

While the party claimed widespread rigging across the country and alleged a “stolen mandate”, its rivals, Pakistan Muslim League-Nawaz (PMLN) and Pakistan People’s Party (PPP), managed to cobble together a ruling alliance, with 75 and 54 seats respectively, in coalition with other smaller parties.

Even though they won the most seats, the PTI leadership, under orders from Imran Khan, decided not to form a government with any of the major parties and instead joined hands with a fringe, right-wing religious party, the SIC, to claim reserved seats.

Complicating matters further was the fact that the SIC, despite being a registered political party, did not contest the general elections. Its leader, Sahibzada Hamid Raza, chose to contest independently, winning his seat from Faisalabad city in Punjab province.

Interactive_Pakistan_elections_Government structure provincial

What does the ECP verdict say?

In its verdict, the ECP stated that the SIC was not entitled to claim the quota for reserved seats due to a “violation of a mandatory provision of submitting a party list for reserved seats, which is a legal requirement”.

It also said that the currently vacant seats in the national assembly — 23“will not” remain vacant and will be distributed among other parties based on the elected seats they won.

The commission criticised the SIC by reminding them that they were given a specific timeframe to submit a list of nominations, which the party did not.

“Every political party, while making any decision regarding crucial steps concerning matters of the political party required under law, should be aware of the potential consequences they may face in the future,” the ECP wrote.

What are the consequences of the ECP decision?

On March 3, Shehbaz Sharif of the Pakistan Muslim League-Nawaz (PMLN) was elected the country’s new prime minister by the National Assembly, securing 201 votes. Omar Ayub Khan, the PTI leader backed by the SIC, managed to secure 92 votes.

The biggest beneficiary of the ECP decision will be Sharif’s PMLN, along with the Pakistan People’s Party (PPP) and the Muttahida Qaumi Movement (MQM), which won the most number of seats in the general elections, with 75, 54 and 17 respectively.

In case PTI’s legal challenge fails to bring them any relief, it is a certainty that the ruling coalition will cross the magic figure of 224, which is required to achieve a two-thirds majority in the National Assembly.

However, if PTI manages to get the ECP decision reversed, it can expect to get 23 further seats in the National Assembly, in addition to extra seats in other provincial assemblies where they have done well. That might limit the governing coalition to just below the two-thirds mark.

The ECP decision has been widely criticised by lawyers, with many calling the order a “farce” or even “unconstitutional”.

Constitutional expert Asad Rahim says the ECP verdict aligns with its previous decisions that, he alleged, have disenfranchised the people of Pakistan.

“There are precedents expressly barring the minor technicalities on the basis of which the ECP barred the largest party,” the Lahore-based lawyer told Al Jazeera. “However, an even greater subversion of the democratic mandate is its division of the remaining seats among the smaller parties.”

Another legal expert, Rida Hosain, also questioned the decision to distribute the unallocated seats to other, smaller parties. She argued that no legal or constitutional provision permitted this “absurd” distribution.

“The entire framework of the Constitution and law dictates that a political party should receive reserved seats through a system of proportional representation. It is entirely undemocratic for other political parties to get a share of reserved seats beyond their proportional strength of general seats in the National Assembly,” Hosain told Al Jazeera.

Islamabad-based lawyer Salaar Khan also noted that the ECP decision lacks any “convincing justification” for allocating the unallocated seats to other parties.

“However, the impact may well be granting the coalition government a full two-thirds majority in the National Assembly,” he told Al Jazeera.

On the other hand, lawyer Mian Dawood argued that the SIC was clearly at fault for failing to submit their list within the deadline.

“This is the first instance where a political party like the SIC has not submitted its list for reserved seats as required by law, yet now demands them on grounds of morality and the law of necessity,” Dawood told Al Jazeera.

Abdul Moiz Jaferii, a constitutional expert and lawyer, viewed the ECP verdict as another “technical knockout” suffered by PTI.

“The PTI perhaps themselves opened the door to this by not standing their ground with the ECP regarding their own reserved seat lists and maintaining that they are still a political party, albeit without a symbol,” he told Al Jazeera.

Lawyers also expressed pessimism regarding PTI receiving any favourable verdict from the superior courts.

“The PTI seems to have decided to challenge the decision before the Supreme Court, and the Supreme Court’s narrow interpretation of election laws is, of course, what landed the PTI here to begin with,” lawyer Khan said, referring to the Supreme Court verdict in January this year upholding the ECP decision to strip the party of its cricket bat symbol.

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Review finds no case for formal probe of Beijing’s activities under elections law

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OTTAWA – The federal agency that investigates election infractions found insufficient evidence to support suggestions Beijing wielded undue influence against the Conservatives in the Vancouver area during the 2021 general election.

The Commissioner of Canada Elections’ recently completed review of the lingering issue was tabled Tuesday at a federal inquiry into foreign interference.

The review focused on the unsuccessful campaign of Conservative candidate Kenny Chiu in the riding of Steveston-Richmond East and the party’s larger efforts in the Vancouver area.

It says the evidence uncovered did not trigger the threshold to initiate a formal investigation under the Canada Elections Act.

Investigators therefore recommended that the review be concluded.

A summary of the review results was shared with the Canadian Security Intelligence Service and the RCMP. The review says both agencies indicated the election commissioner’s findings were consistent with their own understanding of the situation.

During the exercise, the commissioner’s investigators met with Chinese Canadian residents of Chiu’s riding and surrounding ones.

They were told of an extensive network of Chinese Canadian associations, businesses and media organizations that offers the diaspora a lifestyle that mirrors that of China in many ways.

“Further, this diaspora has continuing and extensive commercial, social and familial relations with China,” the review says.

Some interviewees reported that this “has created aspects of a parallel society involving many Chinese Canadians in the Lower Mainland area, which includes concerted support, direction and control by individuals from or involved with China’s Vancouver consulate and the United Front Work Department (UFWD) in China.”

Investigators were also made aware of members of three Chinese Canadian associations, as well as others, who were alleged to have used their positions to influence the choice of Chinese Canadian voters during the 2021 election in a direction favourable to the interests of Beijing, the review says.

These efforts were sparked by elements of the Conservative party’s election platform and by actions and statements by Chiu “that were leveraged to bolster claims that both the platform and Chiu were anti-China and were encouraging anti-Chinese discrimination and racism.”

These messages were amplified through repetition in social media, chat groups and posts, as well as in Chinese in online, print and radio media throughout the Vancouver area.

Upon examination, the messages “were found to not be in contravention” of the Canada Elections Act, says the review, citing the Supreme Court of Canada’s position that the concept of uninhibited speech permeates all truly democratic societies and institutions.

The review says the effectiveness of the anti-Conservative, anti-Chiu campaigns was enhanced by circumstances “unique to the Chinese diaspora and the assertive nature of Chinese government interests.”

It notes the election was prefaced by statements from China’s ambassador to Canada and the Vancouver consul general as well as articles published or broadcast in Beijing-controlled Chinese Canadian media entities.

“According to Chinese Canadian interview subjects, this invoked a widespread fear amongst electors, described as a fear of retributive measures from Chinese authorities should a (Conservative) government be elected.”

This included the possibility that Chinese authorities could interfere with travel to and from China, as well as measures being taken against family members or business interests in China, the review says.

“Several Chinese Canadian interview subjects were of the view that Chinese authorities could exercise such retributive measures, and that this fear was most acute with Chinese Canadian electors from mainland China. One said ‘everybody understands’ the need to only say nice things about China.”

However, no interview subject was willing to name electors who were directly affected by the anti-Tory campaign, nor community leaders who claimed to speak on a voter’s behalf.

Several weeks of public inquiry hearings will focus on the capacity of federal agencies to detect, deter and counter foreign meddling.

In other testimony Tuesday, Conservative MP Garnett Genuis told the inquiry that parliamentarians who were targeted by Chinese hackers could have taken immediate protective steps if they had been informed sooner.

It emerged earlier this year that in 2021 some MPs and senators faced cyberattacks from the hackers because of their involvement with the Inter-Parliamentary Alliance on China, which pushes for accountability from Beijing.

In 2022, U.S. authorities apparently informed the Canadian government of the attacks, and it in turn advised parliamentary IT officials — but not individual MPs.

Genuis, a Canadian co-chair of the inter-parliamentary alliance, told the inquiry Tuesday that it remains mysterious to him why he wasn’t informed about the attacks sooner.

Liberal MP John McKay, also a Canadian co-chair of the alliance, said there should be a clear protocol for advising parliamentarians of cyberthreats.

This report by The Canadian Press was first published Sept. 17, 2024.

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NDP beat Conservatives in federal byelection in Winnipeg

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WINNIPEG – The federal New Democrats have kept a longtime stronghold in the Elmwood-Transcona riding in Winnipeg.

The NDP’s Leila Dance won a close battle over Conservative candidate Colin Reynolds, and says the community has spoken in favour of priorities such as health care and the cost of living.

Elmwood-Transcona has elected a New Democrat in every election except one since the riding was formed in 1988.

The seat became open after three-term member of Parliament Daniel Blaikie resigned in March to take a job with the Manitoba government.

A political analyst the NDP is likely relieved to have kept the seat in what has been one of their strongest urban areas.

Christopher Adams, an adjunct professor of political studies at the University of Manitoba, says NDP Leader Jagmeet Singh worked hard to keep the seat in a tight race.

“He made a number of visits to Winnipeg, so if they had lost this riding it would have been disastrous for the NDP,” Adams said.

The strong Conservative showing should put wind in that party’s sails, Adams added, as their percentage of the popular vote in Elmwood-Transcona jumped sharply from the 2021 election.

“Even though the Conservatives lost this (byelection), they should walk away from it feeling pretty good.”

Dance told reporters Monday night she wants to focus on issues such as the cost of living while working in Ottawa.

“We used to be able to buy a cart of groceries for a hundred dollars and now it’s two small bags. That is something that will affect everyone in this riding,” Dance said.

Liberal candidate Ian MacIntyre placed a distant third,

This report by The Canadian Press was first published Sept. 16, 2024

The Canadian Press. All rights reserved.

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Trudeau says ‘all sorts of reflections’ for Liberals after loss of second stronghold

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OTTAWA – Prime Minister Justin Trudeau say the Liberals have “all sorts of reflections” to make after losing a second stronghold in a byelection in Montreal Monday night.

His comments come as the Liberal cabinet gathers for its first regularly scheduled meeting of the fall sitting of Parliament, which began Monday.

Trudeau’s Liberals were hopeful they could retain the Montreal riding of LaSalle—Émard—Verdun, but those hopes were dashed after the Bloc Québécois won it in an extremely tight three-way race with the NDP.

Louis-Philippe Sauvé, an administrator at the Institute for Research in Contemporary Economics, beat Liberal candidate Laura Palestini by less than 250 votes. The NDP finished about 600 votes back of the winner.

It is the second time in three months that Trudeau’s party lost a stronghold in a byelection. In June, the Conservatives defeated the Liberals narrowly in Toronto-St. Paul’s.

The Liberals won every seat in Toronto and almost every seat on the Island of Montreal in the last election, and losing a seat in both places has laid bare just how low the party has fallen in the polls.

“Obviously, it would have been nicer to be able to win and hold (the Montreal riding), but there’s more work to do and we’re going to stay focused on doing it,” Trudeau told reporters ahead of this morning’s cabinet meeting.

When asked what went wrong for his party, Trudeau responded “I think there’s all sorts of reflections to take on that.”

In French, he would not say if this result puts his leadership in question, instead saying his team has lots of work to do.

Bloc leader Yves-François Blanchet will hold a press conference this morning, but has already said the results are significant for his party.

“The victory is historic and all of Quebec will speak with a stronger voice in Ottawa,” Blanchet wrote on X, shortly after the winner was declared.

NDP Leader Jagmeet Singh and his party had hoped to ride to a win in Montreal on the popularity of their candidate, city councillor Craig Sauvé, and use it to further their goal of replacing the Liberals as the chief alternative to the Conservatives.

The NDP did hold on to a seat in Winnipeg in a tight race with the Conservatives, but the results in Elmwood-Transcona Monday were far tighter than in the last several elections. NDP candidate Leila Dance defeated Conservative Colin Reynolds by about 1,200 votes.

Singh called it a “big victory.”

“Our movement is growing — and we’re going to keep working for Canadians and building that movement to stop Conservative cuts before they start,” he said on social media.

“Big corporations have had their governments. It’s the people’s time.”

New Democrats recently pulled out of their political pact with the government in a bid to distance themselves from the Liberals, making the prospects of a snap election far more likely.

Trudeau attempted to calm his caucus at their fall retreat in Nanaimo, B.C, last week, and brought former Bank of Canada governor Mark Carney on as an economic adviser in a bid to shore up some credibility with voters.

The latest byelection loss will put more pressure on him as leader, with many polls suggesting voter anger is more directed at Trudeau himself than at Liberal policies.

This report by The Canadian Press was first published Sept. 17, 2024.

The Canadian Press. All rights reserved.

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