After JUI and ECP, Sindh too opposes open ballot senate elections in SC

According to details, a five-member bench headed by Chief Justice of Pakistan (CJP) Gulzar Ahmed and comprising Justice Mushir Alam, Justice Umar Ata Bandial, Justice Ijaz-ul-Ahsan and Justice Yahya Afridi conducted hearing over the reference.

While submitting its response, Sindh government maintained no legal question was raised in reference sent by President of Pakistan Arif Alvi.

“Supreme Court should refuse to comment on presidential reference,” Sindh government wrote.

On December 23, 2020, Pakistan Tehreek-e-Insaaf (PTI) government filed a reference in Supreme Court (SC), signed by President Arif Alvi, seeking guidance of the apex court over the matter of holding senate elections by open ballot.

The reference, prepared under Article 186 of the Constitution, was filed by Attorney General of Pakistan, Khalid Javed Khan.

It was stated in the reference that open balloting will ensure transparency in senate elections and government has sought the guidance of apex court in order to amend Section 122 (6) of the Election Act, 2017 without amending the constitution.

On January 04, 2021, a five-member bench headed by Chief Justice of Pakistan (CJP) Gulzar Ahmed and comprising Justice Mushir Alam, Justice Umar Ata Bandial, Justice Ijaz-ul-Ahsan and Justice Yahya Afridi conducted hearing over the reference and issued notices to all five advocate generals, speaker National Assembly, speakers of all provincial assemblies, Chairman Senate and Election Commission of Pakistan (ECP).

On January 12, 2021, Jamiat Ulema-e-Islam (JUI) opposed holding senate elections by open ballot during hearing of presidential reference seeking guidance of the apex court over the matter senate elections. Federal government submitted a written response while Sindh government was granted one week to furnish its stand on the reference.

On January 16, 2021, Election Commission of Pakistan (ECP) opposed holding senate elections by open ballot during hearing of presidential reference seeking guidance of the apex court over the matter senate elections.

The ECP had contended that the elections to the upper house of the Parliament (Senate) comes under the Constitution, hence for holding of the said election through open ballot, Article 226 of the Constitution required to be amended.

On January 22, 2021, the Sindh High Court Bar Association (SHCBA) opposed the move by President Dr Arif Alvi in the reference stating that he had wrongly and prematurely invoked the advisory jurisdiction of the apex court.

Chairman Senate Sadiq Sanjrani on January 23, 2021 supported the idea of conducting Senate elections through open-ballot while submitting response to presidential reference.