Staff Reporter
Islamabad
The Supreme Court (SC) on Monday issued notices to the advocates general of all four provinces and the Islamabad Capital Territory on a presidential reference seeking the court’s opinion whether ‘open ballot’ for the Senate elections would help acknowledge the respect of choice and desire of the citizen voters. A five-member bench headed by Chief Justice of Pakistan (CJP) Gulzar Ahmed also issued notices to the speakers of all provincial assemblies, speaker of the National Assembly, Chairman Senate, and the Election Commission of Pakistan (ECP).
Attorney General of Pakistan Khalid Jawed Khan had on Dec 23 moved the 11-page reference under Article 186 of the Constitution relating to the advisory jurisdiction of the Supreme Court. The president had sought the court’s advice on whether the condition of secret ballot under Article 226 of the Constitution applied to the Senate elections.
The reference was filed soon after the cabinet’s decision to hold the elections for 52 seats that will fall vacant, following the retirement of some senators from the 104-member upper house of parliament on March 11, 2021. The cabinet had on Dec 15 decided to hold the Senate elections in February and invoke advisory jurisdiction of the Supreme Court on open voting.
During today’s hearing, the larger bench which includes the CJP, Justice Mushir Alam, Justice Umar Ata Bandial, Justice Ijaz-ul-Ahsan and Justice Yahya Afridi, in a short order also directed that notices be published in newspapers to seek the public’s opinion on the matter.
