Senate elections: Parliament to decide on open or secret vote: Chief Justice of Pakistan

Remember that the Senate elections will be held on March 3

Remember that the Senate elections will be held on March 3

Islamabad … News Time

Chief Justice of Pakistan Justice Gulzar Ahmed has remarked on the presidential reference that whether there should be secret ballot in Senate elections or not will be decided by the parliament, they will not take the power of the parliament in their hands; if the constitution says there will be secret ballot. A bench of the apex court headed by Chief Justice of Pakistan Justice Gulzar Ahmed heard the presidential reference regarding holding of Senate elections through open ballot. PPP Senator Raza Rabbani in his arguments said that no one can be forced to show his vote, there are compromises in political matters. Many times different MPAs unite on an issue and vote for the Senate candidate. Senate election is a political issue, not a question of mathematics. Senate elections are held only under Article 226. Senate elections cannot be held through provisional legislation. Nowhere in the constitution is it written that there will be no secret ballot for the Senate. The constitution also does not say that Senate elections will be held in accordance with the law. If a resolution is passed in a house against the ordinance, it will expire. If it is not ratified by the parliament, the ordinance will expire after 120 days.

During the hearing, the Chief Justice remarked that the question of the ordinance was not before the court and he would not comment on the issuance of the ordinance. In a democracy, decisions are made by the party, not the leadership. The constitution mentions parties, not personalities. No one can enforce his decisions from above. The decisions of the parties should also be made in a democratic manner. How do parties decide who to vote for? After Raza Rabbani’s arguments were completed, Farooq H Naik said in his arguments that Senate elections are held under the constitution and not on the law. Senate elections are held by secret ballot, with all MPAs voting in their individual capacity. Elections are not held on reserved seats, following the party line is not mandatory for Senate elections. On completion of Farooq Naik’s arguments, PML-N Barrister Zafarullah in his arguments said that representation of elections is possible only through secret ballot; interpretation of Article 226 of the Constitution is possible in the context of history, preparation of Election Act. During the secret ballot voting was discussed, every political party including PTI had supported secret ballot at that time, after the Senate election the provincial assemblies may be dissolved, in the re-election of the provincial assemblies another party may come into government. Yes, if the parties have proportional representation, then what will be the position of the new assemblies in the Senate? If the secret ballot ends, it will be a blow to democracy.

Barrister Salahuddin on behalf of the Sindh High Court Bar said in his arguments that all the references filed till date were on constitutional crisis, there is no constitutional crisis in the present situation, in the past the government tried to shift its political responsibility to the court. In the past, the court ruled that it was up to the parliament to recognize or reject Bangladesh. In the past, the Indian government had sought the opinion of the Supreme Court on the Babri Masjid, but the Indian Supreme Court refused to comment on the reference. The Attorney General argued that what the law should be, the Attorney General did not say what the law says? It is the job of the parliament to eradicate corruption through the electoral process. The Chief Justice remarked that he would answer only the questions asked in the reference. The court has to decide whether Article 226 applies to the Senate election or not. Every institution of the state has to do its work within the limits. The court is not an alternative to the parliament, the parliament will decide whether there should be a secret ballot or not. We will not take the power of parliament in our hands. If the constitution says there will be a secret ballot, then it will be over.

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