ISLAMABAD - The Supreme Court of Pakistan will today resume hearing of a reference wherein the government has requested it to interpret Article 226 of the Constitution for holding of Senate elections either through ‘secret ballot’ or ‘open ballot.’
A five-member bench of the apex court headed by Chief Justice of Pakistan Justice Gulzar Ahmed and comprising Justice Mushir Alam, Justice Umar Ata Bandial, Justice Ijazul Ahsan and Justice Yahya Afridi will conduct hearing of the Reference.
Previously, the Attorney General for Pakistan (AGP) had submitted that all the political parties want open ballot for Senate elections but they are objecting because the PTI-led government is doing it.
The Chief Justice had remarked that the political parties should bring in democratic principles and culture within their own parities. “The head of the political parties have become dictators and the parties are one-man show,” he noted. Justice Gulzar also said that the political parties would have to think their members do not become ‘lotas’. In Pakistan the parties are run by the name of persons, he further observed.
AGP Khalid Jawed Khan said that the parties should not see who is doing it but what is being done. At this, Justice Ijaz ul Ahsan said that it is saying of Hazrat Ali, “Look at what is being said, not who is saying it.”
Justice Umar Ata Bandial said that the Upper House and the Lower House have distinguished roles. He further said the Upper House brings stability, as it represents the federating unit, and each unit has equal seats in it. The Upper House member s are mature and wise; therefore it is calm, while the Lower House deals with storm like situation.
The AGP argued that political parties are linchpin of the parliamentary form of government and the voting through open ballot in the Upper House is necessary for the purification of the democratic system. He said that in democracy people vote to parties on the basis of their manifesto. He added, “If a party does not perform as per its manifesto then the people do not give it vote in the next elections.”
The attorney general stated that Senate election is through proportional representation through single transferable vote. He said that the secret ballot is right in the direct election and not proportional representation. Khalid contended that in direct election the voter cast one vote, but in the Senate election the voter gives preference vote. He added that for the Senate, the number of voters is limited and the Electoral College is narrow therefore the voter needs to be identified.
Justice Ijaz ul Ahsan said the voters for the Senate election is the representative of the people therefore there is double responsibility on them. One to the constituency to whom it represent and second the party which has given him ticket for contesting election for National or Provincial Assembly.
The attorney general said that it is not limited to Pakistan, but it exists in other countries. He said that there was a time when four unelected persons in a party made decision who should be the chief minister or prime minister and who should hold the important positions. Still there were members in parties who had made decision in accordance with their conscience, he added.