Open ballot in Senate polls will need constitutional amendment: ECP

By News Desk

ISLAMABAD: The Election Commission of Pakistan (ECP) has opposed the government’s plans to hold the upcoming Senate elections through open ballot, stressing that such a move would require an amendment to the Constitution.

In its reply to the Supreme Court over the presidential reference seeking the top court’s opinion over open ballot in the Senate polls, the electoral body said as per Article 226 all elections under the Constitution other than those of the Prime Minister and the Chief Minister shall be by secret ballot. Therefore, rejecting the possibility of Senate polls through open ballot, the ECP said the elections would be held as per the Constitution of 1973. It stated the Senate polls are defined in Articles 59, 219 and 224 of the Constitution.

A five-judge larger bench headed by Chief Justice Gulzar Ahmed and comprising Justice Mushir Alam, Justice Umar Ata Bandial, Justice Ijaz Ul Ahsan and Justice Yahya Afridi is currently hearing the presidential reference. In an earlier hearing on January 14, the Attorney General had argued that an amendment to the Constitution was not required in the matter as it needed interpretation of the Constitution.

Meanwhile, the Jamat-e-Islami, in its contention, submitted to the Supreme Court opposed the presidential reference. The party in its written reply pleaded to the court to send the reference back instead of offering its advice over the matter. The JI argued not only the election law but the Constitution would also require to be amended for changing the secret ballot procedure. The party urged the open ballot matter should be left to the parliament to decide. It said a senate candidate should be truthful and trustworthy and a candidate buying votes could not hold such traits.

On December 23, the federal government had sought the Supreme Court’s opinion on holding the upcoming elections for the upper house of the Parliament through open ballot. President Dr Arif Alvi, after approving the proposal of the Prime Minister, had filed the reference in the Supreme Court, seeking its opinion on the Senate election through show of hands.

Through the reference, filed under Article 186 of the Constitution, the President sought the opinion of the country’s highest court on amending Section (6) 122 of the Election Act 2017 without amending the Constitution.

The reference claimed the move will promote transparency and accountability in the electoral process, acknowledge respect for the choice and desires of the citizen voters, strengthen political parties and their discipline which is essential for parliamentary democracy, discourage floor crossing, use of laundered money for vote buying in elections which grossly insult the mandate of the people.

The reference had contended that the instant question of law of public importance has arisen in the context of the malaise of vote buying that has damaged the purity of elections. “Every Senate election since 1985 has generated debate, followed by commitment for reform and promise for open ballot,” it added.

The reference had further contended there is a national consensus amongst all major political parties, jurists, academia, journalists and civil society that the electoral process should be cleansed of the pervasive practice of vote buying in elections to the Senate.