Senate elections to be held through secret ballot: Supreme Court

Senate elections to be held through secret ballot: Supreme Court

ISLAMABAD:The Supreme Court of Pakistan on Monday announced its opinion on the presidential reference regarding vote s within the upcoming Senate elections and said that the polls for the upper house are going to be held consistent with Article 226 of the Constitution and thru a secret ballot.

A five-member bench of the apex court, headed by judge Gulzar Ahmed, announced the 4-1 majority decision. one among the bench members, Justice Yahya Afridi, dissented with the bulk opinion.

Presidential reference

The federal through Attorney General for Pakistan Khalid Jawed Khan filed the presidential reference under Article 186 of the Constitution, seeking the opinion of the apex court on whether the Senate elections are to be held under the Constitution (Article 226) or under the law (Election Act 2017).

Since securing an awesome win within the 2018 elections, the PTI government had been wanting to hold Senate elections early through an open vote. While the ruling party claimed that the latter would promote transparency, the Pakistan Democratic Movement (PDM) sternly opposed and termed it an effort by the govt to stop its lawmakers from switching loyalties.

Subsequently, the govt presented a bill seeking to amend the Constitution for an open choose the Senate elections. Though it had been passed from the committee concerned, the National Assembly witnessed a loud session when the govt presented the 26th constitutional amendment bill in NA.

The federal also sought the Supreme Court’s opinion on whether the Senate elections might be held through open ballot by amending the Election Act 2017 that needs simple legislation.

Govt asks ECP to make sure transparency

Talking to media after the SC order, Federal Minister for Information Shibli Faraz urged the committee to form arrangements to make sure transparency in light of the directions given by the court.

The federal minister said the SC's judgment within the Presidential reference is historic and thereunder the Senate elections are going to be held as per Article 226 of the constitution.

He said the court has also ruled that the secrecy of the ballot isn't permanent.

The information minister asked the ECP to require requisite steps for ensuring transparency within the Senate elections within the light of the Supreme Court's decision.

'PML-N a victim of horse-trading'

PML-N Spokesperson Marriyum Aurangzeb said, they were of the opinion that the Senate polls should be held consistent with the constitutional provisions and any change during this process should be brought through the Parliament.

“The Supreme Court has ruled that the Senate polls in 2021 would be held consistent with Article 226 of the Constitution,” she said.

The PML-N spokesperson said it's to be seen within the detailed order about the ECP’s role regarding transparency.

She said that the PML-N has been the victim of horse-trading and vote-theft within the past and therefore the party wanted that the polls should be held transparently.