Govt promulgates ordinance to allow open balloting in Senate polls

President Dr Arif Alvi on Saturday signed off the Election Amendment Ordinance 2021 under which upcoming Senate elections can be held through open balloting.

The ordinance will be effective with immediate effect and the enforcement of the ordinance will be subject to the outcome of a presidential reference wherein the federal government has sought opinion from the Supreme Court whether the Senate elections could be held through open ballot without any constitutional amendment.

The amendment has been introduced in section 33, 86 and 122 of the Election Act 2017.

The ordinance shared by Information Minister Shibli Faraz on Twitter, stated that: “Senate and National Assembly are not in session and the president is satisfied that circumstances exist which render the ordinance necessary to take immediate action.”

The document titled as Election [Amendments] Ordinance, 2021 further added that: "Provided that in case the Supreme Court of Pakistan gives an opinion in Reference No 1 of 2021 filed under Article 186 of the Constitution that elections for the members of Senate do not fall within the purview of Article 226 of the Constitution, the poll for elections for members of the Senate to be held in March, 2021 and thereafter shall be conducted by the Commission through open and identifiable ballot.

"Provided further that after the elections for members of Senate, if the head of the political party requests the Commission to show the ballot cast by any voting member of his party, the Commission shall show the same to the head of the political party or his nominee."

The federal government has also sought the Supreme Court’s opinion on whether the Senate elections could be held through open ballot by amending the Election Act 2017 that requires simple legislation.

The presidential reference is being heard in the Supreme Court pending a decision.

A five-judge larger bench of the apex court, headed by Chief Justice of Pakistan Gulzar Ahmed has been hearing the case. Attorney General for Pakistan Khalid Jawed Khan is still arguing the matter and counter arguments are still awaited.