ISLAMABAD February 17, 2021: The Supreme Court has remarked that a party should get as many seats as it gets in the Senate and if any party wins seats out of proportion, the system will be destroyed.
The Supreme Court heard the presidential reference to the Senate elections. Chief Election Commissioner Sikandar Sultan Raja appeared in the court. The ECP counsel said that the ECP has submitted a prepared reply stating that Article 226 applies to Senate elections whereas under Article 218 it is the responsibility to conduct transparent elections. And the secrecy of Article 226 cannot be limited. The ECP lawyer said that keeping the votes secret means that they will always remain secret.
Justice Ijaz-ul-Ahsan remarked that the vote cannot remain secret forever. It is neither in the constitution nor in judicial decisions to keep the vote secret till the Day of Judgment. What is the meaning of proportional representation? The seats in the Senate of a political party should be in accordance with the seats in the Provincial Assembly. The word “free vote” is used in voting for the National Assembly.
The law does not include the word “free voting” in Senate elections. How will the Election Commission ensure proportional representation? A party should get as many seats as it can in the Senate. If a party gets less seats, the Election Commission will be responsible. If the Senate does not get seats in proportion to the Assembly, it will be a failure of the Election Commission. Selling votes will violate the principle of proportional representation. If any party wins seats out of proportion, the system will be destroyed.
The Chief Justice said that if a party wins more Senate seats than the proportional representation, what will the Election Commission do? How does the Election Commission determine that the elections were held with proportional representation? Lawyers of the Election Commission said that they cannot stop anyone from exercising their right to vote. If they do not vote freely, then the Senate elections will not be a selection. Article 226 will have to be amended to see the votes.
The Chief Justice said that the lawyer of PML-N should be in the court tomorrow. The case will end at any time. Pakistan Bar will be heard only on the independence of judiciary and supremacy of the constitution. No political issue of Pakistan Bar Council will be heard.
The Chief Justice asked whether the Senate elections would be annulled due to lack of proportional representation. Voting may be secret but the seats should be as many as they are. No, the Election Commission knows but is not telling us, how the vote buyers ensure to get the votes, the fate of the country is in the hands of the Election Commission, the Election Commission understands its responsibility.
Justice Ejaz-ul-Ahsan said that the Election Commission has the power to prevent the theft of votes, the Election Commission says it will take action after the theft, if the political parties get less than the proportion of seats, how will legislation happen? Income from drugs and illegal sources gets used in the purchase of votes.
The Attorney General said that the Election Commission must wake up from its slumber, all state institutions are bound by the word of the Election Commission, bar codes or serial numbers can be written on ballot papers, if there is a bar code on counter files and ballot papers, there is no horse trading. Will be. Attorney General of Pakistan Khalid Javed’s arguments were completed. Advocate General KPK Shamail Butt argued that members of the Assembly cannot vote in Senate elections of their own accord. Proportional representation means numerical representation of the Provincial Assembly in the Senate.
Justice Yahya Afridi said that if there is proportional representation then what is the need for elections. During the hearing, the arguments of Advocate General KP were completed. The court adjourned the hearing of the case till 12 noon tomorrow. The arguments of other provinces and political parties will be heard tomorrow.
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