ISLAMABAD: The Supreme Court of Pakistan held a preliminary hearing on the presidential reference filed for holding the Senate elections through open ballot. The court issued notices to the Speakers of National and Provincial Assemblies, Chairman Senate, Election Commission and all Advocate Generals seeking their written recommendations.
A five-member bench headed by Chief Justice Gulzar Ahmed heard the presidential reference. On the judicial inquiry, Attorney General Khalid Javed Khan argued that the reference raised the legal question of not holding the Senate election by secret ballot. The general election was held under the Election Act 2017. The Chief Justice remarked that notices were being issued to the four provincial governments and the Election Commission and their response would be reviewed.
Justice Ijaz-ul-Ahsan remarked that he wanted the court to clarify the difference between the elections held under the constitution and the law. The constitution mentions Senate and Assembly elections but not local government elections. How the Senate elections are to be held will be stated in the Election Act and the Election Act will also be made under the Constitution. Can any law be above the constitution?
Justice Ijaz-ul-Ahsan further said that why no political consensus is created to hold the Senate elections by open ballot. Can the National Assembly elections be held through open ballot at any stage? Not a political issue, constitutional and legal opinion has been sought from the court.
Justice Yahya Afridi remarked that the political parties had agreed on the same point in the Charter of Democracy. Further hearing of the presidential reference will be held on January 11. Talking to media after the hearing, Senator Faisal Javed said that the opposition talks of rigging in the elections but is against the open ballot.
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