ISLAMABAD: The government has promulgated an ordinance to amend the Election Act 2017 to hold the upcoming Senate elections through open ballot.
According to sources, the federal cabinet has 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 is not much time left for the legislation. The Election Commission of Pakistan has announced to issue the schedule for polls on February 11.
Sources said that Attorney General of Pakistan (AGP) Khalid Jawed Khan drafted the ordinance which has been sent to Prime Minister Imran Khan for approval. It would then be circulated among the cabinet members for approval.
However, the enforcement of the ordinance will be subject to the outcome of a presidential reference wherein the federal government has sought opinion from the Supreme Court whether the Senate elections could be held through open ballot without any constitutional amendment.
The government has also sought the Supreme Court’s opinion on whether the Senate elections could be held through open ballot by amending the Election Act 2017 that requires simple legislation.
The presidential reference is being heard in the Supreme Court pending a decision. A five-judge larger bench of the apex court, headed by Chief Justice of Pakistan Gulzar Ahmed has been hearing the case. Attorney General for Pakistan Khalid Jawed Khan 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. Keeping in view the prevailing situation, the sources said, the AGP had advised the Prime Minister to promulgate the ordinance and its enforcement would be subject to the outcome of the presidential reference.
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 are appreciating AGP Khan for timely advising the government to promulgate the ordinance.
According to the proposed amendment, the government will amend the Election Act 2017 wherein it is stated that the Senate elections will be held on the basis of secret ballot.
New insertions will be made in the act that the ballot will be opened wherein a voter will disclose his identity. Likewise, it is also added in proviso that the head of a party may move an application to the ECP for examination of his party MPAs ballots.
According to sources, the federal cabinet has 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 is not much time left for the legislation. The Election Commission of Pakistan has announced to issue the schedule for polls on February 11.
Sources said that Attorney General of Pakistan (AGP) Khalid Jawed Khan drafted the ordinance which has been sent to Prime Minister Imran Khan for approval. It would then be circulated among the cabinet members for approval.
However, the enforcement of the ordinance will be subject to the outcome of a presidential reference wherein the federal government has sought opinion from the Supreme Court whether the Senate elections could be held through open ballot without any constitutional amendment.
The government has also sought the Supreme Court’s opinion on whether the Senate elections could be held through open ballot by amending the Election Act 2017 that requires simple legislation.
The presidential reference is being heard in the Supreme Court pending a decision. A five-judge larger bench of the apex court, headed by Chief Justice of Pakistan Gulzar Ahmed has been hearing the case. Attorney General for Pakistan Khalid Jawed Khan 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. Keeping in view the prevailing situation, the sources said, the AGP had advised the Prime Minister to promulgate the ordinance and its enforcement would be subject to the outcome of the presidential reference.
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 are appreciating AGP Khan for timely advising the government to promulgate the ordinance.
According to the proposed amendment, the government will amend the Election Act 2017 wherein it is stated that the Senate elections will be held on the basis of secret ballot.
New insertions will be made in the act that the ballot will be opened wherein a voter will disclose his identity. Likewise, it is also added in proviso that the head of a party may move an application to the ECP for examination of his party MPAs ballots.