The SC verdict has further added to the nightmares of PM Imran Khan. The setbacks suffered recently by the ruling PTI in the bypolls, particularly in the Nowshera constituency that was considered PTI’s most secure stronghold, had shocked Mr Khan. That losing PTI candidates in Sindh got lesser votes than in 2018 was another blow. The gross malpractices committed by the PTI in NA-75 Daska and the incriminating charge sheet issue by the ECP deprived Mr Khan of the moral high ground he had been claiming all along. Mr Khan had fears that party legislators, unhappy over the government’s failure to deliver, may decide to vote against the party’s advice which is not uncommon in democracies and was in fact the reason behind the PTI’s debacle in Nowshera. There were also suspicions that money could play a role in the party’s defeat in Senate elections. The reports that quite a few party legislators were unhappy over the nomination of Finance Minister Abdul Hafeez Sheikh on a Senate seat finally led Mr Khan to propose open ballot as a disincentive against hidden rebellion. The apex court’s verdict has thrown a spanner in the works as it has dashed the PM’s hopes of keeping a grip on dissidents in the party.
The apex Court has maintained that the Senate elections should be held through secret ballot under Article 226 of Constitution which says “All elections under the Constitution, other than those of the Prime Minister and the Chief Minister, shall be by secret ballot.” The court also maintained that the secrecy of the ballot papers was “not final,” whatever that might mean. Further that “it is the responsibility of the ECP to protect the election from corruption by using the latest technology to ensure the holding of transparent elections”.
The apex Court’s orders strengthen the hands of the ECP. The federal government can no more shield bureaucrats sentenced by the ECP for negligence or connivance in NA-75 by-elections. It is for the ECP to decide how to reconcile the requirement of holding polls through secret ballot with the use of technology to ensure the holding of transparent elections.
