ISLAMABAD: The Islamabad High Court (IHC) has reserved verdict on former prime minister Syed Yousaf Raza Gilani’s petition challenging the election of the Senate chairman.
IHC Chief Justice Athar Minallah heard the petition and the court reserved its judgement on the maintainability of the petition. The counsel for Gilani and prominent lawyer Farooq H Naek appeared in court.
During the preliminary hearing, the top IHC judge suggested that the petitioner could send a reference to the National Assembly speaker under Article 63.
“Has the Senate chairman ever been removed from the post in the past?” Justice Minallah asked Farooq H Naek, who represented Gillani. “What is the procedure for removal of the Senate chairman?” he further asked.
The judge observed that the court abstains from unnecessarily intervening in the matter. He suggested to take the matter to a Senate committee. However, the counsel said no committee has the power to dislodge the Senate chairman.
RAED MORE: IHC rejects plea against Gilani’s victory in Senate elections
Farooq Naek also read out Article 60 to the court and said that the President had appointed Muzaffar Hussain Shah as the presiding officer in the election. Chief Justice Athar Minallah inquired whether there was no involvement of the Election Commission in the election of the Chairman Senate. They counsel replied that the ECP has no role in the election of the Chairman Senate.
Farooq H Naek argued that Yousuf Raza Gilani’s seven votes in the Senate election were rejected. Chief Justice Athar Minallah inquired under which law the Chairman Senate was elected, to which the lawyer informed that the election of the Senate Chairman was held under Article 60 of the Constitution.
Responding to a query, lawyer Farooq H Naik said that if there was any irregularity in the procedure, it could not be challenged in court. The rules have nothing to do with ballot papers or votes.
Gilani moved the petition through his counsel Farooq H Naek requesting the high court to declare the result of the election of Senate chairman held on March 12 as illegal and void.
He urged the court to declare the rejection of seven votes illegal, suspend the notification regarding the re-election of Sadiq Sanjrani as Senate chairman and restrain him from carrying out his duties
Gilani alleged in his petition that the government attempted to influence the result of the election to the seat of Senate chairman to win it by any means necessary.
Later, the court reserved its decision on the plea of senior PPP leader, former prime minister, and current senator Yousuf Raza Gilani after hearing the arguments of lawyer Farooq H Naik.
