ISLAMABAD: The Supreme Court (SC) today (Monday) issued notices to all advocate generals (AGs), national and provincial assemblies’ speakers and the Election Commission of Pakistan (ECP) over the presidential reference seeking apex court’s guidance on holding Senate polls through open ballot.
A five-member larger bench headed by Chief Justice of Pakistan Gulzar Ahmed and comprising Justice Mushir Alam, Justice Umar Ata Bandial, Justice Yahyah Afridi and Justice Ijazul Ahsan heard the reference on Monday.
The presidential reference was filed by Attorney General of Pakistan (AGP) Khalid Javed Khan after obtaining President Dr Arif Alvi’s approval, under Article 186 of the Constitution, invoking the court’s advisory jurisdiction.
The reference sought an interpretation of Article 226 that stated that all elections under the Constitution, other than those of the prime minister and chief ministers, shall be held through a secret ballot.
According to the government, the nature of the elections and the way it is conducted has not been clearly mentioned in the Constitution. The government asked if it is possible to introduce the idea of open-balloting in the upper house of the Parliament.
During today’s proceedings, Justice Ahsan said political parties had agreed to stop buying and selling votes in the Charter of Democracy. “Why don’t you create national consensus in all political parties on this issue?” Justice Ahsan asked.
The five-judge larger bench also ordered for a notice to be published for all those who were interested in joining the court proceedings. The apex bench asked all concerned parties to present a synopsis regarding their submission.
Justice Ahsan asked the AGP if he wanted to know whether Senate election should be held under the Constitution or law. He further inquired whether the method of National Assembly elections could also be changed through a simple law. The hearing was adjourned till January 11.
