ISLAMABAD - The eleventh hour move by the ruling PML-N to alter the procedure for elections on Senate seats from FATA through a presidential order was to pre-empt PPP from grabbing the covet slots of next Chairman and Deputy Chairman in the Upper House.
Although the controversial midnight order signed by President Mamnoon Hussain has been challenged in Islamabad High Court, it has widened the gulf between the PML-N and its friendly opposition PPP that would impact political course in the country.
Many believed that the ruling PML-N may eventually end up in a fierce contest with the PPP, the former President and PPP Co-Chairman Asif Ali Zardari has taken the challenge to make it a difficult game for Prime Minister and his party.
PPP insiders believed that Zardari would strive to bring the ruling PML-N in a sandwiched position by opening up a new political front parallel to Imran Khan's PTI.
Would the former President succeed in achieving that objective or both the PML-N and PPP mend fences by compromising their respective positions about the covet slots of the Senate is yet to be seen in the coming days.
In his statement, Zardari has not only rejected the presidential order but dubbed it as a midnight assault on democracy.
"The abrupt and mysterious shifting of goal post and changing the rules of the game just when the match had started and brazen assault on the tribal people is totally unacceptable and must be reversed," Zardari's spokesman Senator Farhatullah Babar quoted him as saying in the statement.
It's an electoral fraud committed in the guise of election reforms to disenfranchise the tribal people, he alleged.
On the other hand, it is becoming clearer that the controversial president order was issued on the advice of Prime Minister Nawaz Sharif to sabotage the clandestine deal PPP struck with six FATA MNAs.
The entire government machinery was moved at 11.30 PM late Wednesday night to push the Presidential Order through on Prime Minister's advice from Saudi Arabia.
The senior officials of the Law Ministry being commanded by the Prime Minister Sharif, Ministry of State and Frontier Region (SAFRON) as well as the Presidency were called on a short notice to rush the credence and signed and print.
According to sources, the entire exercise culminated at 1.30 A.M, the day for polling. Members of the National Assembly from Fata reached the Parliament House which had been declared the polling station for elections on Senate seats from Islamabad and Fata, where they were told by the returning officer, Usman Ali, that polling will not take place, sparking a protest by the members of National Assembly from Fata.
Six of the total 11 MNAs from Fata wanted to vote under the old procedure while some others wanted polling under the new procedure. What was all the more confusing for the RO was the vague nature of the presidential order.
Usman Ali sent a communication in black and white to the ECP, which failed to promptly act and assert itself by reversing the order issued hours before polling and days after the schedule of the elections had been issued.
The ECP avoided taking a decision and finally decided to seek the opinion of the government which had created the mess in the first place.
Chief Election Commissioner Justice (retd) Sardar Muhammad Raza Khan after discussing the matter for hours, decided to seek the opinion of the ministry of law - something experts described as ridiculous.
Many believed that the commission should have taken a decision on the validity of the order and not turned to the government.
Though Article 59 (1) (b) of the Constitution empowers the president to prescribe the manner to elect the eight senators from Fata, the timing of the decision and the apparent flaws in the order took many by surprise.
The order has practically limited the scope of the election to four seats, which are to be open to candidates from South and North Waziristan, Kurram and Khyber agencies.
This has been done by turning the eight agencies into eight Senate constituencies - South Waziristan Agency, North Waziristan Agency, Kurram Agency, Khyber Agency, Orakzai Agency, Mohmand Agency, Bajaur Agency and Frontier Regions.
Since the four sitting senators due to retire in 2018 are from Mohmand, Bajaur and Orakzai agencies and Tank (FR), the order says that the race has been restricted to candidates from South and North Waziristan, Kurram and Khyber agencies. This means that if any candidate in the race is from Mohmand, Bajuar, Orakzai or Tank (FR) stands disqualified.
Some 36 candidates from different parts of Fata are in the run and the last-minute change in the criterion means that many of them are out of the race, at a time when their nomination papers had already been accepted.
This, however, is not the only confusion. How the voting is to take place under the order also is not clear.
Under the old procedure, 12 MNAs from Fata used to elect senators by making four choices, which were marked in order of preference on the ballot paper.
Under the controversial order, it is not clear if the MNAs will vote once for one person or in order of preference. Nothing has been explained as to how their votes will be divided to elect four Senators.
At the moment there are 11 MNAs from Fata who are to elect four Senators.
"Suppose all the MNAs cast vote in favour of 11 different candidates, who will win", an expert on electoral laws asked.
The order was challenged by the MNAs from Fata in the Islamabad High Court, but no relief was provided.
Quickly reacting to the development, senior PPP leader and Leader of the Opposition in the National Assembly Syed Khurhseed Shah said that no one would accept the order issued in the "darkness of the night".
He termed it tantamount to horse-trading and violation of the constitution saying the order issued hours before polling was alarming and confusing. He warned that the move would prove dangerous for democracy.