Islamabad: Pakistan’s apex court on Monday ruled that the upcoming Senate elections would be held through secret ballot under article 226 of the constitution.
The article reads that “All elections under the Constitution, other than those of the Prime Minister and the Chief Minister, shall be by secret ballot.”
The Supreme Court ruling came after the presidential reference sought the court’s opinion on holding Senate polls through open and identifiable ballot following concerns raised by the ruling party amid the “horse-trading” allegation that gripped the political scene.
In a 4-1 decision, the court headed by Chief Justice of Pakistan Gulzar Ahmed said that the polls for the upper house of parliament would be held under the constitution, which means secret ballot. The court also said that the Election Commission of Pakistan (ECP) was responsible to ensure transparency and curbing all corrupt practices.
Use of technology suggested
The court’s brief judgment also urged the ECP to take all available measures including the use of the latest technology to ensure that the election is “conducted honestly, justly, fairly and in accordance with law and that corrupt practice are guarded against” under the powers granted to the commission in the constitution. The court decision that came two days before the elections also said that the parliament could pass constitutional amendments on the voting method.
Attorney General Khalid Jawed Khan welcomed the decision and said that it was now ECP’s responsibility to ensure transparency in the March 3rd Senate polls. The court was of the view that secrecy in the elections was not absolute which paves the way for methods such as printing unique serial number or bar code on the ballot paper to keep track of processing, he said.
Talking to Gulf News, Barrister Taimur Malik said that “while we await the detailed written judgement, the Supreme Court’s decision has taken a conservative judicial approach, correctly leaving the law-making aspects to the parliament” At the same time, the court asked ECP to utilize technology which means the court also leaned towards “the concept of verifiable secret ballot.”
Responding to the verdict, the ruling party PTI’s Senator Faisal Javed termed the opinion a “victory for Pakistan” as it would ensure transparency in elections which is what PM Imran Khan aims to achieve “to end corruption, and buying and selling of votes” in the Senate elections. Minister for Information Senator Shibli Faraz said that the apex court said that “the secrecy is not absolute” and directed the election commission to use the latest technology, which would help achieve transplant elections.
Meanwhile, the opposition also hailed the decision saying it blocked the ruling party’s move to announce abrupt changes without a debate in the parliament. PML-N spokesperson Marriyum Aurangzeb said the party believed that the Senate polls should be held according to the constitution and any changes should be introduced through the parliament.
Open ballot
The president sought the opinion of the Supreme Court on Prime Minister Imran Khan’s proposal to hold Senate elections through open ballot system to address the challenges of rigging and horse-trading in the Senate election that has long destroyed the sanctity of the upper house of parliament.
The move for the open ballot was proposed by Pakistan’s prime minister about two months ago to prevent the alleged practice of electing senators through the use of money or corruption. The country’s two major opposition parties, Pakistan Muslim League-Nawaz (PML-N) and the Pakistan Peoples Party (PPP), both rejected the ordinance seeking open voting for the upper house of parliament.
PPP chairman Bilawal Bhutto Zardari earlier said that the “open ballot can only be a part of a comprehensive electoral reforms package and can only be passed through the parliament” after developing a consensus through dialogue.
