Punjab endorses reference on Senate polls mode

Will submit a concise statement in apex court today; SHCBA decides to become a party

ISLAMABAD:

The Punjab government has endorsed a presidential reference, seeking the Supreme Court’s opinion on the PTI led federal government’s plan to amend the Election Act 2017 through an ordinance to allow use of open-ballot at the upcoming Senate elections.

Punjab Advocate General Ahmad Awais has prepared a concise statement to back the presidential reference that the federal government filed on December 24. Attorney General for Pakistan Khalid Javed Khan had filed the reference under Article 186 of Constitution, invoking the court’s advisory jurisdiction.

The reference sought interpretation of Article 226 which says all elections under the Constitution other than those of the prime minister and chief ministers shall be held through secret ballot.

It said interpretation of the Constitution and law is the exclusive domain of the judiciary with the Supreme Court as the final court.

A five-judge larger bench presided over by Chief Justice of Pakistan Gulzar will resume hearing of the case on Monday and Punjab AG will submit the concise statement reply today (Saturday).

The statement, whose draft is available with The Express Tribune, said the Senate elections are not held solely under the Constitution but as matter of fact they are governed by the Election Act 2017.

"It is a considered view of the province of Punjab that the reference in question be answered in the affirmative so that undertaking necessary remedial statutory action, the Election Act 2017 is amended so as for the election to the Senate to be held through open ballot," said the statement.

Justifying the open ballot method, it said question in the instant reference arises on account of a vicious practice of vote buying in the Senate election

“The illegal, immoral and unlawful acts committed by the members of the provincial legislatures and the National Assembly from time to time in the Senate election by casting their vote against the party discipline for personal and pecuniary gains has led to the urgent desire to put an end this menace which shakes basic principles of democracy as discussed in report prepared by Senate in 2016.”

It contended that elected MPAs have no privilege or justification to claim secrecy of their choice made through the ballot. Therefore, the lawmakers who do not wish to toe their party line should tender their resignation rather than indulging in the practice of vote selling.

The statement said Article 226 restricts secret ballots for those elections which are held under the Constitution. The elections for the office of the president, national and provincial legislatures’ speakers and Senate chairman and deputy chairman are held under the Constitution.

The statement said the framers of the Constitution could not have possibly predicted the current predicament that the country is stuck today. Sources told The Express Tribune that the Sindh High Court Bar Association (SHCBA) has decided to become a party in this case.

Read more: PDM decides to contest by-polls, defers decision on Senate election

In a statement, SHCBA President Salahuddin Ahmed said invoking advisory jurisdiction by the president on a political dispute in a highly charged atmosphere will only drag the SC into needless controversy.

He said the bar recognizes that there is genuine debate as to whether voting in the Senate elections should be strictly as per party line/representation in the provincial assemblies or as per individual conscious and personal choice of each assembly member.

“But this question must be settled by the parliamentarians after debate in the parliament through a constitutional amendment and not through references to the judiciary and promulgation of ordinances.”

The bar association hoped that the Supreme Court will not embroil itself in a matter “that is designed to further self-serving political interests.”