Tag: secret ballot

  • Secret ballot for Senate to continue, rules Supreme Court

    Secret ballot for Senate to continue, rules Supreme Court

    Announcing its verdict on a presidential reference seeking legal opinion on the holding of Senate election through an open vote, the Supreme Court on Monday said polls for the Upper House will be held through a secret ballot.

    The 4-1 majority opinion was announced by a five-judge larger bench, headed by Chief Justice of Pakistan (CJP) Gulzar Ahmed.

    The reference was forwarded to the apex court in January after Prime Minister Imran Khan expressed his desire to curtail the practice of horsetrading in Senate elections by introducing an open-ballot system.

    READ: Open ballot in Senate polls: What do legal experts have to say?

    Following almost two months of proceedings, the court had on Thursday reserved its verdict, announcing to issue it on Monday (today).

    In a short order issued today, the court observed elections to the House are held in accordance with the law and the Constitution, saying it “is the responsibility of the Election Commission of Pakistan (ECP) to protect the polls from the menace of corruption”.

    While the order cited Article 226 of the Constitution to support its argument, the judges said the Parliament can decide if it feels the need to end the secrecy of the voting process.

    A detailed verdict is expected to be issued shortly.

  • Senate polls cannot remain ‘secret forever’, says SC judge

    Senate polls cannot remain ‘secret forever’, says SC judge

    Supreme Court judge Ijazul Ahsan, while hearing presidential reference pertaining to the secret ballot in the Senate elections, said that the votes cast in the election cannot remain “secret forever”.

    A five-member bench headed by Chief Justice Gulzar Ahmed urged Chief Election Commissioner Sikandar Sultan Raja to consider recommendations presented by Attorney General Khalid Jawed Khan and submit a response to the top court. Raza Rabbani, who is representing the opposition in the case, opposed this, saying the attorney general would share the government’s point of view on the issue.

    The SC had grilled the Election Commission of Pakistan over its response on the secret ballot on Tuesday. Today, the ECP in its reply maintained that the Senate elections can only be held through secret voting under Article 226 until an amendment is made.

    As per the article, the voting in the election would “always remain secret”, the ECP informed the bench. Justice Ahsan remarked that the “secrecy of the vote till the Day of Judgement is neither in the law nor in court judgements”.

    The judge further said if any party got less number of seats in the Senate as compared to its seats in the provincial assemblies then the ECP will be responsible. “If [any party] does not get [the number of seats] in relation to its seats in the provincial assemblies, it will be the ECP’s defeat.”

    At this, the election commission tried to assuage the court’s concerns, saying the ECP has set up a vigilance committee and an online complaints centre. All election candidates will be required to take an oath that they would not buy or sell votes, the ECP representative added.

    He informed the court that more than 1,100 complaints had been received since September. “Whatever complaints the ECP receives regarding elections, action is taken on them immediately.”

    Justice Mushir Alam observed that the matter of secrecy was part of the Elections Act 2017 but the question was to what extent would secrecy be applicable.

    During the hearing, the attorney general said ECP needs to wake up from its slumber and formulate a mechanism to stop horse-trading. AGP Khan said the ECP should ask the heads of political parties whether any seat adjustment was done. Barcodes or serial numbers could be printed on ballot papers, he suggested.

    Meanwhile, the chief justice refused to entertain the Pakistan Bar Council’s plea, saying the PBC won’t be heard on political matters.

  • Senate elections on March 3: ECP

    Senate elections on March 3: ECP

    Amid a controversy surrounding the Senate elections over the secret ballot, the Election Commission of Pakistan has announced to hold the polls on the upper house seats on March 3.

    According to the ECP, the last date for filing of nomination papers is February 13, followed by a scrutiny process for the nominations. The last date for filing of appeals against acceptance or rejection of papers is February 18, said a notification issued by the ECP.

    The date for disposal of appeals is Feb 19-20, whereas candidates can withdraw their applications by Feb 22 a day after issuance of the revised list of the contestants. The polling will start at 9am and end at 5pm on March 3.

    The Senate elections will be held on 48 seats: two in Islamabad (National Assembly); 11 in Punjab; 11 in Sindh; 12 in Khyber Pakhtunkhwa; and 12 in Balochistan.

    On February 6, President Dr Arif Alvi signed Elections (Amendment) Ordinance 2021 that will pave way for the organisation of Senate elections through open ballot. The opposition, however, has reservations on the move and vowed to oppose it.

    On the other hand, a presidential reference filed by the government in the Supreme Court seeking guidance on the Senate voting procedure is being heard to decide whether the government needs an amendment to end the secret ballot.

    Yesterday, the SC had said that Article 226 allows secret ballot. The article reads: “All elections under the constitution, other than those of the prime minister and the chief minister, shall be by secret ballot.”