ISLAMABAD: Election Commission of Pakistan (ECP) would likely revert to secret ballot in case a decision on the presidential reference regarding open ballot system in Senate elections is not issued by the Supreme Court ahead of Senate elections.
An ECP official, requesting anonymity, told Business Recorder that implementation of the presidential ordinance for open ballot is subjected to approval from the Supreme Court in order to come into effect in Senate polls. “Since Supreme Court’s approval is mandatory, as mentioned in the ordinance, secret ballot would be practiced in Senate elections if Supreme Court’s decision remains pending till the elections are held or if the apex court rules against the open ballot,” the official said.
In such a situation, the source said, the Senate elections would be held as per Article 226.
“All elections under the Constitution, other than those of the prime minister and chief minister, shall be held by secret ballot,” this Article reads.
However, the source said, the chances that Supreme Court’s decision would remain pending till Senate polls are very low. “Supreme Court has actively taken up the matter and the apex court is well aware of the importance of a timely decision on presidential reference. Open ballot or secret ballot — everything would be clear pretty much before the polls,” the official said.
Speaking to Business Recorder, former secretary ECP Kanwar Dilshad also said secret ballot will have to be practiced in Senate elections if the Supreme Court’s decision regarding open ballot does not arrive ahead of elections.
Dilshad said the ECP already submitted its reply in the presidential ordinance wherein it opposed open ballot without parliamentary legislation. “…in my humble opinion, it was not appropriate to summon the Chief Election Commissioner in the apex court. CEC is a constitutional office-holder, and, in past, some chief justices of Pakistan performed duties as acting CECs — such is the prestige and respect of the post of CEC. Instead of CEC or ECP members, the secretary ECP should have been summoned or response should have been sought from ECP through counsel,” he said.
The former secretary ECP said, as of now, confusion prevails regarding the fate of presidential ordinance, “On one hand, there are powerful lawyers’ bodies and opposition parties that oppose open ballot, on the other hand, there is federal government that has taken the stance that open ballot is vital to purge Senate polls from horse-trading/corruption and Supreme Court also wants to eliminate foul play from electoral practices—let’s see what the Court decides,” he said.
On February 6, President of Pakistan Arif Alvi issued Elections (Amendment) Ordinance, 2021, for introducing open ballot system in upcoming Senate elections.
Copyright Business Recorder, 2021
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