ISLAMABAD: President Dr Arif Alvi on Saturday issued the Election (Amendment) Ordinance 2021, under which the upcoming Senate elections will be held through an open ballot.
The ordinance, a copy of which was shared by the president on his Twitter account, will be effective with immediate effect subject to a pending opinion by the Supreme Court (SC) on the matter.
The amendment was introduced in section 33, 86 and 122 of the Election Act 2017.
“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 the members of the 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 and thereafter shall be conducted by the Commission through open and identifiable ballot,” reads the ordinance.
According to section 226 of the Constitution: “All elections under the Constitution, other than those of prime minister and chief minister, shall be by secret ballot”.
The ordinance further states that after the Senate polls, if any head of a political party wishes to see the ballot cast by any member of his party, the Election Commission of Pakistan (ECP) shall show the same.
Earlier in the day, the government had decided to promulgate an ordinance to amend the Election Act 2017 to hold the upcoming Senate elections through an open ballot.
According to sources, the federal cabinet had approved a summary to promulgate the ordinance to make an amendment to the Election Act, 2017. The approval was taken from the cabinet through a circulation summary as there was not much time for the legislation.
The sources added that Attorney General of Pakistan (AGP) Khalid Jawed Khan had drafted the ordinance which was sent to Prime Minister Imran Khan for approval.
The ECP has announced to issue the schedule for polls on February 11.
However, the enforcement of the ordinance will be subject to the outcome of a presidential reference, wherein the federal government had sought an opinion from the SC that whether the Senate elections could be held through open ballot without any constitutional amendment.
The presidential reference is being heard in the SC. A five-judge larger bench of the apex court, headed by Chief Justice of Pakistan Gulzar Ahmed, has been hearing the case. The AGP is still arguing the matter and counter arguments are still awaited.
There is a slim chance that the presidential reference would be decided before the Senate elections schedule.
The sources said the AGP had advised the premier to promulgate the ordinance.
If the presidential reference’s decision comes in favour of the government after issuance of the Senate elections schedule, then the changed method of open ballot could not be introduced in the upcoming elections.
Senior lawyers appreciated the AGP for timely advising the government to promulgate the ordinance.
Earlier, for achieving the same objective, the government had tabled a bill for the 26th Constitution Amendment. The bill had proposed amendment to Article 226 to introduce an open ballot for Senate elections.
