JUI-F approaches SC against Senate polls ordinance

Petition maintains the ordinance "undermines the judicial proceeding on a pending matter"

ISLAMABAD:

The Jamiat-e-Ulema Islam, Pakistan filed a petition in the Supreme Court on Monday against the Election Amendment Ordinance 2021 pertaining to the issue of holding Senate elections through open ballot.

Submitted by the party’s attorney, the petition urges the apex court to take notice of the issuance of the presidential ordinance.

According to the petition, the said ordinance “undermines the judicial proceeding on a pending matter”.

It further appeals to the top court to “declare that the said Ordinance is issued with mala- fide intent and declare it as an attempt to undermine the judicial proceedings and parliament, and declare it as illogical, irrational, ultra vires to the Constitution, void and having no effect on Senate Election in the interest of justice.”

The presidential reference seeking the Supreme Court’s guidance about conducting the upcoming Senate polls through an open ballot has put the SC in a difficult situation, particularly after the promulgation of a presidential ordinance in this regard.

Also read: Opposition, govt at loggerheads on presidential ordinance

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

The ordinance will enter into force with immediate effect but its enforcement will be subject to the outcome of the presidential reference, seeking the SC’s opinion if the Senate elections could be held through open ballot without any constitutional amendment.

A five-judge larger bench, presided over by Chief Justice of Pakistan Gulzar Ahmed, will resume today (Monday) hearing of the presidential reference asking the court to guide if the Senate election should be held “under the Constitution” or under the Election Act 2017.

However, a number of opposition parties, legal experts and media channels accused the government of “mala fide” and claimed that the government has tried to pressure the SC through the ordinance.