Notices are being issued to the four provincial governments and the Election Commission. The four Advocate Generals and the Election Commission will review the response. The Chief Justice has the power to amend the Constitution or the law. Voters are accountable to their political parties, Justice Ijaz-ul-Ahsan
Notices are being issued to the four provincial governments and the Election Commission. The four Advocate Generals and the Election Commission will review the response. The Chief Justice has the power to amend the Constitution or the law. Voters are accountable to their political parties, Justice Ijaz-ul-Ahsan
ISLAMABAD: The Supreme Court of Pakistan has directed the Chairman Senate, Speaker National and Provincial Assemblies, Election Commission, Federal and Provincial Advocates after the first hearing on the issue of presidential reference related to holding Senate elections. Issue notices to generals. A five-member bench headed by Justice Kochiev Gulzar Ahmed on Monday heard the presidential reference filed for holding the Senate elections through open ballot / show of hands.
The five-member bench comprised of Chief Justice Gulzar Ahmed, Justice Mushir Alam, Justice Umar Ata Bandial, Justice Ejaz-ul-Haq and Justice Yahya Afridi. The reference raises the legal question of not holding Senate elections by secret ballot.
He asked whether the election to the National Assembly was not held under the constitution to which the Attorney General replied that the general elections were held under the Election Act 2017, not under the constitution. He said that local government elections are not mentioned in the constitution. He said that how the elections are to be held will be mentioned in the election act. The election act will also be made under the constitution. He also asked whether there is any law in the constitution. Justice Ejaz-ul-Haq said that the parliament has the power to amend the constitution or the law, the senators are the representatives of the provinces, the voters who elect the senators are accountable to their political parties.
Nahoon said the question is whether Article 226 applies only to elections held under the Constitution, to which Justice Yahya Afridi asked why the courts were in such a contradiction. Justice Ijaz-ul-Ahsan, a member of the judicial bench, remarked that according to him, there are different procedures for elections under the constitution and law. He wanted the court to clarify the difference between elections held under the constitution and law.
Ordering the Attorney General and others to submit their written submissions, the court said that notices should also be published in newspapers so that anyone who wants to give an opinion on the matter can submit written submissions to the court within two weeks. Hadi Shakeel, a senior advocate from Punjab, was summoned as a judicial assistant, asking him to appear in court.
Later in the hearing of the case, the Attorney General requested the Election Commission and the Electoral College to issue notices, to which the Chief Justice remarked that notices were being issued to the four provincial governments and the Election Commission. We will review the answer. The Supreme Court issued notices to the Chairman Senate, Speakers of the four Provincial Assemblies including the National Assembly, the Election Commission, Federal and Provincial Advocate Generals on the issue.
After which the hearing of the case was adjourned till January 11. It should be noted that the federal government had filed a reference in the Supreme Court on December 23 to hold the Senate elections through open ballot after the approval of the President. Alavi approved the Prime Minister's proposal to send a reference to the Supreme Court under Article 186 of the Constitution and signed the reference.
In the reference filed in the Supreme Court, the President has sought a proposal to hold the Senate elections through open ballot on the suggestion of the Prime Minister. The reference took the position that an opinion should be given to amend the Election Act without amending the Constitution. The reference said that secret elections affect the transparency of elections, so a constitutional and legal way should be found to hold Senate elections through open ballot.
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