ISLAMABAD: Just two days after the promulgation of the presidential ordinance on open ballot system in Senate polls, the opposition senators on Monday moved a requisition in Senate Secretariat to summon Senate session to discuss “the unprecedented and controversial presidential ordinance promulgated with mala fides intent.”
Signed by 26 opposition senators, the minimum number constitutionally required to move a requisition (one-fourth of total Senate membership of—26 out of 104 members), the requisition carries a one-point agenda; discussion on “unprecedented and controversial presidential ordinance promulgated with mala fides intent, that seeks to change the Senate election procedure, which is an election under the Constitution of Pakistan, rendering the process of Senate elections controversial.”
On Saturday, President of Pakistan Dr Arif Alvi issued the Elections (Amendment) Ordinance, 2021, for introducing open ballot system in the upcoming Senate elections.
Through the ordinance, the federal government has proposed amendment in Sub-section (6) of Section 122 of Elections Act, 2017.
It proposed that in Sub-section (6) of Section 122 for full stop at the end, a colon shall be substituted and thereafter, the following two provisos shall be added; “Provided that in case the Supreme Court of Pakistan gives an opinion in reference no.1 of 2021 filed under Article 186 of the Constitution, that elections for members of Senate do not fall within the purview of Article 226 of the Constitution, the poll for elections for members of the Senate to be held in March, 2021 and thereafter shall be conducted by the commission through open and identifiable ballot:
Provided further that after the elections for members of Senate, if the head of the political party requests the commission to show the ballot cast by any voting member of his party, the commission shall show the same to the head of the political party or his nominee,” the ordinance reads.
The presidential ordinance has been promulgated at a time when federal government has already moved Supreme Court seeking its guidance over holding Senate elections on open ballot.
Earlier, the federal government was hoping that Supreme Court would issue its decision regarding presidential election on Senate polls before February 11, the date announced by Election Commission of Pakistan (ECP) to issue Senate elections’ schedule.
Under the related constitutional provisions, a requisitioned session of the Senate/National Assembly can be convened by the chairman Senate/speaker National Assembly (instead of the President of Pakistan) if not less than one-fourth of the total members of the House concerned sign the requisition to convene the session.
Article 54 (3) reads, “Summoning and prorogation of Majlis-e-Shoora (Parliament) - On a requisition signed by not less than one-fourth of the total membership of the National Assembly, the speaker shall summon the National Assembly to meet, at such time and place as he thinks fit, within fourteen days of the receipt of the requisition; and when the speaker has summoned the Assembly only he may prorogue it.”
Although, the said article mentions only National Assembly, it is equally applicable on Senate in the light of Article 61 of the Constitution. It reads “The provisions of clauses (2) to (7) of Article 53, clauses (2) and (3) of Article 54 and Article 55 shall apply to the Senate as they apply to the National Assembly and, in their application to the Senate, shall have effect as if references therein to the National Assembly, speaker and deputy Speaker were references, respectively, to the Senate, chairman and deputy chairman…..”
Under normal circumstances, the session of the Parliament is summoned by the president of Pakistan. Article 54 (1) reads, “Summoning and prorogation of Majlis-e-Shoora (Parliament) - (1) The president may, from time to time, summon either House or both Houses or Majlise-Shoora (Parliament) in joint sitting to meet at such time and place as he thinks fit and may also prorogue the same.”
Copyright Business Recorder, 2021
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