ISLAMABAD: Submitting his reply in support of presidential reference, seeking the Supreme Court’s (SC) interpretation for open ballet in upcoming Senate election Friday, the Senate chairman termed the option will promote transparency and accountability in the electoral process.
The federal government has filed the reference in the top court under Article 186 of the Constitution seeking its opinion about holding the upcoming Senate polls through the open ballot. The government has sought the opinion of the court if the issue can be decided without amending the Constitution by introducing an Amendment in Section 122 (vi) of the Election Act 2017.
Chairman Senate Sadiq Sanjrani submitted that Senate elections are held through secret ballot as per Election Act 2017 saying as per Article 226 of the Constitution all elections under the Constitution, other than those of the prime minister and the chief minister, shall be by secret ballot.
He said that the top court has always interpreted the Constitution of the country by keeping the public interest in view.
“The Parliament has the prerogative to make amendments in the law, while the Supreme Court has the right to interpret the constitution,” Sanjrani added.
The Senate chairman maintained that elected representatives are bound to party discipline and those voting against the party in the Senate polls should have the courage to exercise their right to vote openly.
“It is consensus among all stakeholders including parliamentarians, political parties, intelligentsia, journalist and civil society that free and fair elections to elect members of the Senate of Pakistan would promote transparency and accountability in the electoral process, acknowledge respect for will of the voters, strengthen political parties and their discipline which is essential for parliamentary democracy”, said the chairman of the upper house in his reply.
It is pertinent to mention that during last week, in its reply submitted with the SC, the Election Commission of Pakistan (ECP) has rejected the possibility of holding Senate polls through the open ballot saying the Senate elections would be held as per the Constitution of 1973.
A five-member larger bench, led by Chief Justice Gulzar Ahmed and comprising Justice Mushir Alam, Justice Umar Ata Bandial, Justice Ijazul Ahsan and Justice Yahya Afridi has been adjudicating the matter. The bench was formed to hear the matter on January 18 but was not able to resume the hearing as per the cause list due to non-availability of the Chief Justice of Pakistan.
