Govt’s ordinance stands void after the Supreme Court’s ruling, says Khosa

(Karachi) Former Attorney General and PPP leader Sardar Latif Khosa has said that the government’s ordinance stands void after the Supreme Court’s ruling over the presidential reference seeking open ballot for Senate election, local media reported on Monday.

Commenting on SC verdict, Khosa said that the Election Commission of Pakistan has authority and responsibility to ensure holding of Senate polls in a transparent manner. “When the top court gives a decision, it determines the direction,” he said.

He maintained that it will be up to the Election Commission to decide the mechanism for scrutiny of the ballot in the Senate election. “The government had 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 the Article 226 and all institutions are bound to accept the supreme court’s decision,” he further said.

It is worth mentioning that the government and opposition were at loggerheads over holding of Senate elections through open ballot. The opposition parties favoured holding polls through secret ballot while the PTI-led government wanted the Senate elections to be held through open ballot to end horse-trading.

However, the Supreme Court's decision that the polling for the Senate elections can not be held through an open ballot has brought an end to the uncertainty.

The verdict was given by a five-member larger bench of the apex court — headed by Chief Justice of Pakistan Gulzar Ahmed and comprising justices Mushir Alam, Umar Ata Bandial, Ijazul Ahsan and Yahya Afridi. The bench announced the reserved opinion in the open court with 4-1 majority.

The apex court ruled that the Election Commission is empowered to take all the steps to ensure transparency in the polls.

It stated that it is the responsibility of the Election Commission to end corrupt practices from the electoral process and it can utilise the technology in this regard.

The top court said that it is up to the ECP to decide to which extent the voting should remain secret.