ISLAMABAD - The Islamabad High Court (IHC) on Wednesday issued notices to the federal government, Chairman Senate Sadiq Sanjrani, the Senate Secretariat and others in an Intra Court Appeal (ICA) against the Senate chairman election. 

A division bench of IHC comprising Justice Aamer Farooq and Justice Tariq Mahmood Jahangiri conducted hearing of the Intra Court Appeal filed by Pakistan People’s Party (PPP) leader Senator Yousaf Raza Gillani against the IHC decision wherein it had turned down the PPP leader’s petition challenging the result of the elections for the Chairman Senate. 

After hearing the arguments, the bench issued notices to the respondents and deferred the proceedings till April 27. 

During the hearing, Gillani’s lawyer Farooq H Naik said that the single bench rejected his client’s petition for two reasons. He said the court cited the reason that the chairman Senate elections were not under the Election Act, but under the Constitution of Pakistan. 

At this, Justice Farooq asked him that how would you avoid Article 69 in this connection. Naek argued that he wanted to argue over Article 10 before Article 69. He contended that his client did not challenge the assembly’s proceedings but the election of the Senate chairman. 

He further said that when the rejection of seven votes [was] questioned, the presiding officer said that take the matter to the court. Naek said that he was Gillani’s polling agent in the Senate chairman election. 

Later, the IHC bench issued notices and adjourned the hearing of the case. 

In the appeal filed by Gillani, his counsel prayed to the court that the single bench of IHC did not take into account complete facts during the proceedings of the case. 

He said that illegal activities could be interpreted by the courts whereas it was the job of the court to provide compensation for illegality and in such cases the court had to check the intention of the voter. 

Gillani contended, “The learned judge erred in failing to appreciate that the presiding officer at that particular time was not conducting the proceedings in the House, he was a nominated officer of the President for the sole purpose of conducting the election to the office of Chairman Senate.” 

He argued, “The proceedings of the House envisaged in the Constitution are proceedings comprising of legislative and deliberative functions of either houses of Majlis-e-Shoora (Senate and National Assembly) and not to executive functions which the presiding officer at that time was performing.” 

The petitioner maintained that the court was requested to accept the intra-court appeal and single bench decision be rejected. 

Earlier, a single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah had rejected his petition by declaring the same non-maintainable after hearing the arguments. 

The IHC bench had observed in the judgement that it was the case of the petitioner that he was a joint candidate of the PDM which commanded a majority in the Senate and that he ought to have been declared as a returned candidate because of the numerical strength and the petitioner asserted that, as a joint candidate of the PDM, he had the support of the majority of the worthy members of the Senate. 

The court noted that it was thus obvious that majority could not only remove respondent no.6 (Sadiq Sajnrani) but, simultaneously, elect the petitioner to the office of the Chairman. “If that is the case, then a democratic and adequate constitutional remedy is available to the Petitioner,” maintained Justice Athar. 

He said, “For the above reasons, the petition is neither maintainable nor is this Court inclined to exercise its extraordinary jurisdiction under Article 199 of the Constitution by issuing notices. Consequently the petition is accordingly dismissed.” 

The IHC Chief Justice further said, “This Court expects that, in order to maintain the dignity, integrity and independence of Majlis-e-Shoora (Parliament), the chosen representatives and political leadership will endeavour to resolve disputes without involving the judicial branch of the State, by giving effect to the privileges, powers and immunities prescribed in the Constitution.” 

In his petition, Senator Syed Yousaf Raza Gillani invoked the jurisdiction of this court under Article 199 of the Constitution of the Islamic Republic of Pakistan, challenging the process of election to the post of the Chairman of the Senate and the rejection of seven votes by the presiding officer, namely, Senator Syed Muzaffar Hussain Shah, in particular.