Demand for open ballot in Senate polls ‘unconstitutional’

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s demand for open ballot in the Senate election can be met only after amending the Constitution and the relevant law, which prescribe mandatory secret proceeding.
He has repeatedly called for dispensing with the prevailing secret ballot to get rid of worst corruption of vote buying in the Senate election. Article 226 says all elections under the Constitution, other than those of the Prime Minister and the Chief Minister, shall be by secret ballot.
Asked by The News whether the Senate election is also covered by this provision, an official of the Election Commission of Pakistan (ECP) replied in the affirmative. He explained that the article spells out only two exceptions – elections of the prime minister and chief ministers.
Reinforcing his point, he referred to Section 23 of the Senate Election Act, 1975, which says the poll will be by secret ballot; all voters will be entitled to vote at an election; no vote will be given by proxy; each voter will have only one transferable vote irrespective of the number of seats to be filled; a voter will cast his vote in the prescribed manner; and the ballot papers will be in such form as the Chief Election Commissioner (CEC) may specify.
The official said that the ECP has no objection to change the polling procedure from secret to open if the Constitution and the Senate Election Act are amended. “We go by law only.”
Section 24 says immediately after the close of poll, the returning officer (RO) will proceed with the counting of votes in the prescribed manner. On completion of counting, the RO will prepare and certify a return of the election and submit it to the CEC in the set form. Every returned candidate will, within five days from the date of election, submit return of election expenses.
Imran Khan is not the first political leader, who has talked about money changing hands in the Senate election. He has even mentioned millions being offered to buy just one vote. Similar allegations have often been heard on such occasions.
He asked in Shikarpur on Thursday how can the Pakistan People’s Party (PPP) contest for four Senate seats in Khyber Pakhtunkhwa (KP) when they have a total of three members of the provincial assembly (MPAs). He said that the masses are protectors of democracy and urged people to protest against those MPAs who had received votes on the basis of one party, but later supported candidates of others in Senate elections.
Complaints of corruption often crop up from Balochistan, KP and the Federally Administered Tribal Area (Fata). There have not been much allegations relating to the election of senators from Punjab and Sindh now or in the past.
Fata has a very small electoral college to elect four senators compared to the federal and provincial assemblies. Only twelve members of the National Assembly belonging to the tribal areas will cast their votes to select these senators, meaning that any competitor who is able to manage four votes will win.
This time too, no such accusation has stemmed in the Senate election in Punjab and Sindh because the main parliamentary parties are strong enough to obviate any corruption. They are certain to get their nominated candidates easily elected. There is no scope of election of independents. For this reason, such kind of contestants is unlikely to jump in the fray.
As the Senate election will be fair and transparent in Punjab and Sindh, the nominees of the Pakistan Muslim League-Nawaz (PML-N), PPP and Muttahida Qaumi Movement (MQM) will comfortably win. Their MPAs will vote for only those contestants who have been awarded tickets by their parties.