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ISLAMABAD: Jamiat Ulema-e-Islam- Fazl (JUI-F) has challenged the presidential ordinance which paved h way for holding the Senate election through an open ballot in the Supreme Court.
The JUI-F pleaded with the apex court to take notice, saying the presidential ordinance was in violation of the constitution, based on malafide of the government and should be declared null and void. It said the ordinance has challenged the supremacy of the parliament and the Supreme Court.
President Arif Alvi signed the Elections (Amendment) Ordinance 2021 to pave the way for Senate elections to be held through an “open and identifiable ballot”.
According to the Ordinance, changes have been brought to Sections 81, 122 and 185 of the Elections Act, 2017. The Ordinance will come into effect “at once” and “extend to the whole of Pakistan”.
The Ordinance further states that after the Senate polls, if the head of a political party wishes to see the ballot cast by any member of his party, the Election Commission of Pakistan shall show them the same.
It has been made subject to a pending opinion by the Supreme Court on a presidential reference in the matter. The ordinance was passed after as there is not much time left for legislation and the Election Commission of Pakistan is expected to announce the schedule for polls on February 11.
On Saturday, the federal cabinet approved a summary to promulgate the ordinance to make an amendment to the Election Act, 2017 to hold the Senate polls through an open ballot.
Earlier this week, the government tabled a bill in parliament to legislate on the matter but the efforts went unsuccessful due to a protest in the National Assembly.
Following news of the federal cabinet approving a summary, PPP Chairman Bilawal Bhutto-Zardari vowed to not let the government “violate the sanctity” of the secret ballot in the Senate elections. He questioned the need to promulgate an ordinance when the matter is sub judice and a court ruling is awaited.
During a meeting between PDM chief Maulana Fazlur Rehman and PML-N Vice President Maryam Nawaz before the president ratified the Ordinance, it was agreed that the procedure for Senate elections cannot be changed without a constitutional amendment.
