syedalam1991
MPA (400+ posts)
Just read another funny point in JC report, according to TOR 3, JC was suppose to tell: "TOR 3(a) whether or not the general elections 2013 were organized and conducted impartially, honestly, fairly, justly and in accordance with the law?" But cleverly the JC in it's report has stated:
"What did TOR 3(a) Require the ECP to do.
This was essentially to:
1. organize the elections and
2. conduct the elections
3. impartially, honestly, fairly and justly and
4. in accordance with the law.
a) The meaning of to organize and conduct are self
explanatory.
b) Honestly, fairly and justly. "
This above part came from para 671. Does TOR requires ECP to do stuff? Or Law (constitution) requires ECP to do things? TOR 3 was a question asking the JC to tell whether the elections were done in accordance to the law. What the cheap justice did here is that he picked a part of law (selective) from Article 218 (3) and discussed it leaving a very important part out from discussion, about ECP being required to safeguard against corrupt practices. The cheap justice does not know the meaning of LAW, this is what he is interpreting from TOR 3:
"The Commission has not been requested to determine
whether Article 218(3) has been complied with or not which
it could have been but presumably, taking into account the
long drafting history of the Accord, the parties did not intend
for it to do so. Its findings therefore will not have any
relevance to whether A.218 (3) has been violated or not "
So now the Cheap Justice has completely ignored TOR 3's last four words "...in accordance with the law?"
Whats the purpose behind it? The purpose is to be able to call all the "shortcomings," "lapses," and "irregularities" (words to replace rigging) nothing too serious.
Below is the Article 218 (3), only the red color part has been used by the Cheap Justice's Cheap Judicial Commission as if the other part is not part of the law.
"It shall be the duty of the Election Commission
Constituted in relation to an election to organize and
conduct the election and to make such arrangement as
are necessary to ensure that the election is conducted,
honestly, justly, fairly and in accordance with law and
that corrupt practices are guarded against"
Note: All texts, except black colored, are exact copy past from JC's Cheap Report
"What did TOR 3(a) Require the ECP to do.
This was essentially to:
1. organize the elections and
2. conduct the elections
3. impartially, honestly, fairly and justly and
4. in accordance with the law.
a) The meaning of to organize and conduct are self
explanatory.
b) Honestly, fairly and justly. "
This above part came from para 671. Does TOR requires ECP to do stuff? Or Law (constitution) requires ECP to do things? TOR 3 was a question asking the JC to tell whether the elections were done in accordance to the law. What the cheap justice did here is that he picked a part of law (selective) from Article 218 (3) and discussed it leaving a very important part out from discussion, about ECP being required to safeguard against corrupt practices. The cheap justice does not know the meaning of LAW, this is what he is interpreting from TOR 3:
"The Commission has not been requested to determine
whether Article 218(3) has been complied with or not which
it could have been but presumably, taking into account the
long drafting history of the Accord, the parties did not intend
for it to do so. Its findings therefore will not have any
relevance to whether A.218 (3) has been violated or not "
So now the Cheap Justice has completely ignored TOR 3's last four words "...in accordance with the law?"
Whats the purpose behind it? The purpose is to be able to call all the "shortcomings," "lapses," and "irregularities" (words to replace rigging) nothing too serious.
Below is the Article 218 (3), only the red color part has been used by the Cheap Justice's Cheap Judicial Commission as if the other part is not part of the law.
"It shall be the duty of the Election Commission
Constituted in relation to an election to organize and
conduct the election and to make such arrangement as
are necessary to ensure that the election is conducted,
honestly, justly, fairly and in accordance with law and
that corrupt practices are guarded against"
Note: All texts, except black colored, are exact copy past from JC's Cheap Report
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