Adriatik Lapaj has changed his mind again with the appeal to the Electoral College.
Now that KAS did not give him the mandate as he had requested, when Celibashi gave the mandate to another lady, Lapaj no longer wants him to become an MP.
To everyone's surprise, Adriatik Lapaj in the College has requested that the decision of Ilirjan Celibashi, which the KAS overturned when Lapaj appealed, be left in force.
Now Adriatik Lapaj is demanding that Kleana Xhuveli, ranked fourth on the closed list for the Tirana district, become a deputy.
The Complaints and Sanctions Commission, after the complaint of Adriatik Lapaj, issued a decision that did not address the problems of the Lapaj and Shabani clans at all.
In its decision-making, the KAS clarifies the entire legal relationship between:
• the elected MP and the voters,
• between the MP and political parties, and
• between the MP and the CEC and Parliament.
The KAS, with its decision, lists several reasons why the list of candidates for MPs cannot change after its approval by the CEC and it remains in the order printed on the ballot.
First, according to KAS: "The immutability of the candidate list serves the right of voters to know the political offer of the participants in the competition and to have certainty that this offer does not change for reasons independent of the voters."
As can be, for example, the troubles of the tribes of the soap opera Lapaj–Shabani.
Second, according to KAS: "The immobility of the list aims to protect the interests of the candidates from the dictates of the political parties that support them."
As could be the case, for example, with the broken bargain of the Lapaj–Shabani allies.
The Complaints and Sanctions Commission argues that the CEC has no right to accept either a resignation from the candidacy or a resignation from the mandate, thus specifying that the Electoral Code provides that a deputy can resign only before the Assembly. And the College, if it objects to this, should cite the provision that gives the State Election Commissioner the right to change the order of the list.
KAS argues that:
"This drastic formulation of the provision was made precisely to protect the candidacy and the elections from manipulative electoral tactics."
It seems that the provision was written specifically for the fraudster Lapaj.
KAS, after Lapaj's appeal, when he was requesting that the mandate be transferred to him, argued that the deputy's mandate belonged to Ana Dajko, the first-ranked candidate on the closed list of the "Albania Is Made" coalition, and, in any case after her, the mandate belonged to a woman in compliance with the rule that protects the gender quota.
After realizing this, Adriatik Lapaj has changed his mind and now believes that Celibashi's decision, which he himself appealed to the KAS, is more beneficial to him.
The Electoral College, if it does not uphold the principled and constitutional reasoning of the KAS, is left to justify its decision-making with the bargains of the summer holidays.
