The government’s ordinance stands void with the Supreme Court’s opinion over the presidential reference seeking open ballot for the Senate election, Sardar Latif Khosa said.
The Election Commission of Pakistan has authority and responsibility to ensure transparent elections, Latif Khosa said while commenting on the Supreme Court’s opinion over the presidential reference. “When the Supreme Court gives a decision, it determines the direction,” Khosa commented.
Khosa, a former Attorney General, said that it will be up to the Election Commission to decide the mechanism for scrutiny of the ballot in the Senate election. “The government has sought the advice of the apex court over the matter and the court has given its opinion,” he said. “The court’s advice goes against the government,” he said.
“The court has given its ruling under Article 226 and all institutions are bound to accept the supreme court’s decision,” he further said.
Meanwhile, former secretary Election Commission Kanwar Dilshad commenting on the court’s opinion over the presidential reference on Monday said that the Supreme Court has settled the contentious matter once and for all.
“With the apex court’s opinion over the matter the government’s relevant ordinance now stands dissolved,” Dilshad said. “”The court has rejected the stance of the attorney general,” he said. The election commission has now got an opportunity to ensure transparency in the Senate election,” the former ECP secretary further said. “Now it is upto the election commission to take substantial steps to wipe out corrupt practices in the electoral process,” he added.
Replying to a question Dilshad said, “The success of Yousaf Raza Gillani in election will pose no threat to the government, but will weaken its legal rationale.”
The Supreme Court ruled that the forthcoming Senate elections are to be held through secret ballot under Article 226 of the Constitution. The apex court’s 4:1 majority decision, however, held that the Election Commission of Pakistan (ECP) is empowered to take all measures, including the use of the latest technology, to hold free and fair elections and curb corrupt practices under Article 218 of the Constitution.
A five-judge larger bench of the apex court, headed by Chief Justice of Pakistan Gulzar Ahmed pronounced the reserved opinion.
