ISLAMABAD: The Supreme Court on Monday issued notices to the Election Commission of Pakistan (ECP), Speaker National Assembly Asad Qaiser, Chairman Senate Mir Muhammad Sadiq Sanjrani, speakers of the provincial assemblies, advocates general of four provinces and Islamabad on the presidential reference seeking an opinion of the apex court for holding Senate elections through open balloting.
The court said if any political party wants to become party in the case, the party concerned should submit written arguments in the court. The court directed Attorney General (AG) Barrister Khalid Jawed Khan to present arguments on the maintainability of the reference on the next hearing of the case on January 11.
The proceedings were conducted by five-member larger bench of the apex court headed by Chief Justice Gulzar Ahmed and comprising Justice Mushir Alam, Justice Umar Ata Bandial, Justice Ijazul Ahsan and Justice Yahya Afridi.
The AG told the court that under Article 186 of the Constitution, a constitutional opinion had been sought from the apex court. Justice Ahsan remarked that under the Constitution the elections were held through secret balloting and law could not be formed contrary to the Constitution. “How elections will be held is written in the election act,” he said, adding: “Why political consensus is not reached for holding the Senate elections through open balloting.”
Upon this, the AG said it was not a political matter, adding legal and constitutional opinion had been sought from the court because it was a legal and constitutional matter. Justice Ahsan said whether at any stage the National Assembly elections could also be held through an open balloting and added that the senators were the representatives of the provinces and voters who elect the senators were answerable to their political parties.
Chief Justice Ahmed said: “We are issuing notices to all advocates general of provinces and Islamabad.” Upon this, the AG said the notice may also be issued to speaker National Assembly and the ECP.
The court also ordered publication of public notice in the newspapers, saying if anyone wanted to give his opinion on the matter they should appear before the court. The apex court also asked senior advocate Hadi Shakeel from Quetta to appear and assist the court as amicus curiae.
Justice Afridi asked the AG: “You should tell us how this reference is maintainable and why the apex court should interfere in a political dispute.”
Later, the court adjourned further hearing on the presidential reference till January 11 and sought written replies from all the parties concerned.
It may be mentioned here that on December 23, AG Jawed Khan had moved the 11-page presidential reference under Article 186 of the Constitution relating to the advisory jurisdiction of the Supreme Court.
President Arif Alvi had sought the apex court’s advice on whether the condition of secret balloting under Article 226 of the Constitution applied to the Senate elections.
The reference was filed soon after the cabinet’s decision to hold the elections for 52 seats that will fall vacant following the retirement of senators from the 104 member Upper House of the Parliament on March 11, 2021.
The cabinet had on December 15 decided to hold the Senate elections in February and invoke advisory jurisdiction of the Supreme Court on open voting.
