PTI govt files reference in Supreme Court seeking opinion on open ballot for Senate polls

• President Arif Alvi has submitted a reference to the SC to seek its opinion on the show of hands in Senate Elections 
• Govt maintains that show of hands instead of secret balloting will bring transparency in Senate's polls
• The President has sought SC's opinion to amend Section (6) 122 of the Election Act 2017 without amending the Constitution

ISLAMABAD: The incumbent government on Wednesday filed a reference in the Supreme Court of Pakistan seeking opinion on the issue of the senate polls through a show of hands. 

The reference was submitted by Attorney General of Pakistan Khalid Javed Khan after getting approved by President Dr Arif Alvi under Article 186 of the Constitution.

The reference read that the president has sought opinion of the apex court on whether the condition of secret ballot referred to in Article 226 of the Constitution is applicable only for the elections held 'under' the Constitution such as the election to the office of president, speakers and deputy speaks of the Parliament and provincial assemblies and "not to other elections such as the election for the members of Senate" held under the Elections Act 2017 enacted to pursuant to Article 222 read with Entry 41 (1) of the Fourth Schedule to the Constitution "which may be held by way of secret or open ballot" as provided for in the Act. 

According to the government, the nature of the elections and the way it is conducted has not been clearly mentioned in the Constitution.

The government said election for the Senate is conducted in accordance with the Election Act of 2017 and asked if it is possible to introduce the idea of open-balloting in the upper house of the Parliament.

In its reference, the government said that the process of 'show of hands' instead of secret balloting will bring transparency to the Senate elections, adding that secret balloting leads to widespread corruption among the members. 

Read more: Senate elections: PM Imran Khan's legal team say Opposition's resignations don't matter

The government's stance

Earlier this month, the federal cabinet had decided to prepone Senate election by moving it to February instead of March 2021. During a federal cabinet meeting, chaired by PM Imran Khan, it was decided that the upcoming polls would be done via open balloting. 

It may be noted here that Article 224(3) of the Constitution states that elections can be held not earlier than 30 days from the date the incumbent senators' term expires. 

Minister for Information and Broadcasting Shibli Faraz had said that the PTI-led government is striving to make the Senate elections free and fair.

"Controversies have always surrounded the Senate elections. It is such an old practice that it is assumed that in the elections, [horse trading] will surely take place," he argued. 

Opposition objects to the decision

Reacting to the development, Sindh government spokesperson Murtaza Wahab said the Centre has "no knowledge" of the law. "It is not the government's prerogative to announce Senate elections. The authority lies with Election Commission of Pakistan.

On the idea of open ballot, Wahab said the Elections Act 2017 directs Senate polls are to be held through secret balloting. "Conducting polls through the show of hands is unconstitutional," Wahab stressed.

Read more: Does the Pakistan government have constitutional legitimacy to change the Senate election date?

Previously, PML-N vice-president Maryam Nawaz has also criticised PTI government for politicising the top court by involving it in parliamentary matters. 

Maryam said that the government could not bulldoze the current voting method via an ordinance as it required a Constitutional amendment to do so. "The Supreme Court cannot make laws, only the Parliament can," she stressed.

Speaking about what the PML-N aims to do against the government's move, she said that a final decision would be made through the PDM's platform. "You cannot tamper with the Constitution for your personal gain, and we will not allow you to do so," she said.