‘Unsatisfied’ SC directs ECP to resubmit reply in open ballot case

Expressing its dissatisfaction with the Election Commission of Pakistan’s (ECP) reply in presidential reference seeking court’s opinion on holding Senate elections via open ballot, the Supreme Court (SC) on Wednesday directed the commission to resubmit its report along with fresh suggestions, reported 24NewsHD TV channel.

A five-member larger bench of the apex court, headed by Chief Justice of Pakistan (CJP) Justice Gulzar Ahmed, is hearing the presidential reference.

Chief Election Commissioner (CEC) Sikandar Sultan Raja told the court that action had been taken in the case of video leaked of members of the Khyber Pakhtunkhwa (KP) Assembly stuffing their bags with notes in lieu of voting for rival parties’ candidates in the Senate elections of 2018.

“We have come to know about the horse trading in 2018 Senate elections only now when the video went viral,” Raja told the apex court.

Chief Justice of Pakistan (CJP) Justice Gulzar Ahmed expressed his annoyance and said it was strange that the ECP remained in dark about the video for such a long period of time.

He added it was unfortunate that the ECP was not taking the matter seriously since it did not have any idea about the gravity of the situation. “It does not know how elections are held in our country,” the chief justice regretted.

The CJP asked the CEC what steps had been taken to ensure that elections would be free and fair. “Tell us complete detail of the plan,” he asked the chief election commissioner who replied that all steps were being taken under article 226 of the constitution for the purpose. “We will collect data of candidates from NAB, FIA, NADRA, FBR and other departments to ascertain their competence,” he informed.

Expressing surprise that horse trading in the Senate elections was not in ECP’s knowledge, Justice Ijazul Ahsan asked whether the ECP had disqualified any senator following the video of KP assembly members went viral.

The ECP told the Supreme Court (SC) on the occasion it did not think voting through open ballot was possible under the present law.

CEC Raja said if the government wanted to eliminate the element of secrecy in the process, it would have to amend the constitution. “Article 226 of the constitution applies to the election for the upper House of parliament,” Raja told the court.

CJP Justice Gulzar Ahmed, on the occasion, remarked that the SC wanted to assist the commission since it (the ECP) had lot of powers. “The entire country’s political future is determined by the commission,” he remarked.

When the CJP asked CEC whether he had read the SC’s verdict in Watan Party case, the latter replied in negative.

“There is a complete detail of holding elections in the verdict,” the chief justice told the CEC.