ISLAMABAD: Pakistan Peoples Party (PPP) on Tuesday filed a petition with the Supreme Court against the presidential reference seeking the apex court’s opinion on the open vote for the Upper House in the forthcoming elections.
The petition requested the apex court to return the reference as the Senate elections are to be held under Article 226 of the Constitution.
“A proposal [bill] of 26th Constitutional Amendment has been pending in the National Assembly,” the petition said.
According to the petition, the government has changed its stance after failing in its attempt to amend the Constitution. “The government has filed the presidential reference [in the SC] to achieve its political objectives,” the petition insisted.
The petition was moved by PPP leader Farhatullah Babar.
The reference was filed in the court by Attorney General of Pakistan (AGP) Khalid Javed Khan, under Article 186 of the Constitution, invoking the court’s advisory jurisdiction.
The reference sought an interpretation of Article 226 that stated that all elections under the Constitution, other than those of the prime minister and chief ministers, shall be held through a secret ballot.
Article 186 of the Constitution states 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.
“The Supreme Court shall consider a question so referred and report its opinion on the question to the President,” the article further stated.
