ISLAMABAD: Only Election Commission of Pakistan (ECP), not federal government, is empowered to hold Senate elections that can be held anytime between February 12 and March 12 as allowed by the Constitution of Pakistan but the government can implement “show of hands” in Senate polls through parliamentary legislation or presidential ordinance.
Half of the senators are retiring on March 12, 2021, after meeting their term. Constitutionally, elections on the vacant 52 seats can be held if not more than 30 days are remaining till the expiry of senators’ constitutional term.
Article 224 (5) of Constitution reads, “An election to fill the seats in the Senate which are to become vacant on the expiration of the term of the members of the Senate shall be held not earlier than thirty days immediately preceding the day on which the vacancies are due to occur.” However, only ECP is authorised to hold Senate elections with federal government having no role in this regard.
Article 219 provides that ECP shall be charged with the duty of organizing and conducting Senate elections or to fill casual vacancies in a house or a provincial assembly. In addition, Section 107 of Elections Act 2017 empowers the ECP to issue Senate elections schedule through a notification.
Despite federal government having no powers to hold Senate polls, the early conduct of Senate elections and holding these elections through show of hands method were discussed during the federal cabinet meeting earlier on Tuesday.
Information Minister Shibli Faraz briefed the media after cabinet meeting that federal cabinet decided to seek guidance from Supreme Court to hold Senate elections through show of hands and in February instead of March 2021. A Pakistan Tehreek-e-Insaf (PTI) senator, requesting anonymity, said there is no need to move the apex court on both the issues; however if government wants ECP to hold Senate polls earlier than February 12, than it may seek guidance from Supreme Court under Article 186 of the Constitution which says that if, at any time, the President considers that it is desirable to obtain the opinion of the Supreme Court on any question of law which he considers of public importance, he may refer the question to the Supreme Court for consideration, and the Supreme Court shall consider a question so referred and report its opinion on the question to the President.
The source said that parliamentary legislation would be required to amend through simple majority the Section 122 (6) of Elections Act 2017 which says the poll for election of members of the Senate shall be held by secret ballot. Keeping in view that Parliament is presently in recess in the backdrop of alarming spread of coronavirus across the country government has the option to have a presidential ordinance promulgated to ensure show of hands method for voting in Senate elections. “The President may, except when the Senate or National Assembly is in session, if satisfied that circumstances exist which render it necessary to take immediate action, make and promulgate an Ordinance as the circumstances may require,” Article 89 (1) reads.
An ordinance, in the light of Article 89, remains in effect for 120 days and can be extended only once for a further 120 days, if a resolution for its extension is passed by either Senate or National Assembly, and stands permanently lapsed after the passage of the extended period.
Copyright Business Recorder, 2020
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