Dr. Mohiuddin Mahdi, a writer and political analyst who represented Baghlan in the Lower House of the Parliament has said the Supreme Court is not a legislative body to modify the law in bid to help the incumbent government authenticate the invalid or non-biometrically verified votes.

In an opinion piece sent to Khaama Press, Dr. Mahdi has written that all electoral teams participated in election race by accepting the principle of considering the biometrically verified votes as valid. Therefore, it is not permissible for any team to turn their back to the accepted principle during or at the end of the race.

He compared the violation of the principle to a football game in which the losing game would demand the cancellation of the principle of the Red Card to prevent the dismissal of a player in the event of misconduct.

Similarly, Dr. Mahdi said the Supreme Court is not a legislative body to change or modify any of part of the law as the Article 94 of Constitution considers the law as approved by the two houses of the parliament and signed by the President.

Meanwhile, the Article 109 of the Constitute states in an implicit way that the National Assembly has the right to modify the election law.

Supreme Court cannot interpret law:

Furthermore, Dr. Mahdi said the Supreme Court is also not the interpreter of law as the Independent Commission for the Supervision of the Implementation of Constitution has the duty to interpret the law as per the Article 157 of the Constitution.

Therefore, Dr. Mahdi says the Supreme Court cannot cancel the accepted principle of the ‘Acceptance of biometrically verified votes’ in this special case or to include an exception to it.

Dr. Mahdi further added that the former President Hamid Karzai inflicted an irreversible damage to credibility and impartiality of the judiciary by misinterpreting the 122nd Article of the Constitution which defines the limits of the executive’s authorities of judiciary, engaging it in technical and special issues of elections and taking a political decision at the end.

He also added that all electoral teams have the right to lodge complaints but only to Independent Electoral Complaints Commission, not the Supreme Court.

The Independent Electoral Complaints Commission is obliged to respond to the complaints in the framework of the accepted principles including the principle of ‘Acceptance of biometrically verified votes’.

Attempts to authenticate invalid votes:

This comes as Rahmatullah Nabil, one of the presidential runners said Tuesday that the incumbent government is attempting to authenticate the non-biometrically verified votes with the help of Supreme Court.

Speaking during a press conference of the Council of Presidential Runners, Nabil said the council of presidential runners, supervisory bodies and other institutions prevented the entry of up to one million fraudulent votes into the system.

Furthermore, Nabil emphasized that the relevant authorities must review the biometrically verified votes as well in bid to prevent the count of fraudulent votes.


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