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Imran Khan's Stance accepted by Supreme Court in Presidential Reference

El Sidd

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Government should release numbers in regards to expenditure of these futile supreme court labor hour wastage.

The country has lost too much time for Tea Party Mousilinis urge for constitutional fascism.
 

HAIDER

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Now all sales legalized. Mawashi mundi aj sa lag gai haa....




SC says Senate elections to be held through secret ballot under Article 226 of Constitution
Haseeb BhattiPublished March 1, 2021Updated 8 minutes ago
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The Supreme Court on Monday announced its opinion on the presidential reference regarding Senate elections. — Photo courtesy SC website/File

The Supreme Court on Monday announced its opinion on the presidential reference regarding Senate elections. — Photo courtesy SC website/File
The Supreme Court on Monday announced its opinion on the presidential reference regarding Senate elections, saying that polls for the upper house of parliament will be held through secret ballot, according to Article 226 of the Constitution.
The 4-1 majority opinion was announced by a five-member larger bench of the Supreme Court, headed by Chief Justice of Pakistan Gulzar Ahmed and including Justice Mushir Alam, Justice Umar Ata Bandial, Justice Ijazul Ahsan and Justice Yahya Afridi.
Justice Afridi disagreed with the majority opinion.
The Supreme Court said that Senate elections are held in accordance with the law and the Constitution.
"It is the responsibility of the Election Commission of Pakistan (ECP) to protect the election from corruption," it added.
The parliament can pass constitutional amendments, the top court said. It emphasised that all institutions were bound to follow the ECP.
The bench said that the secrecy of the ballot papers, however, was "not final", quoting a decision by the top court on the same in 1967 (Niaz Ahmed case).
A detailed judgement is expected to be issued shortly.
It also said that the ECP could "use the latest technology to ensure the holding of transparent elections" under powers granted to it according to Article 218 of the Constitution (related to the formation of election commission).
'Victory for Pakistan'
PTI's Senator Faisal Javed speaks to media outside the Supreme Court. — DawnNewsTV

PTI's Senator Faisal Javed speaks to media outside the Supreme Court. — DawnNewsTV

Talking to reporters outside the Supreme Court, PTI's Senator Faisal Javed termed the opinion a "splendid decision" and a "victory for Pakistan".
He said he was grateful to the court for listening to everyone.
"The attorney general's team worked hard and great arguments were done. Such a detailed discussion on the Senate has not happened before."
He added that Prime Minister Imran Khan had made efforts to end corruption from every level, including bringing an end to "bribery, thievery and buying and selling" in the Senate elections.
"The honourable court said secrecy is not absolute. That means it cannot stay [this way] till the Day of Judgement".
Talking further on the court's opinion, he said it had instructed the ECP to work on matters including proportional representation and take measures against corruption in elections.
He said that when elections are held through identifiable ballots, no one would dare to sell their vote. "This is a splendid opinion for transparency," he stressed.
He said after the court's opinion, the ECP would have to ensure three things: identifiable ballots, proportional representation and ensuring free and transparent elections.
Speaking separately to reporters, Minister for Information Shibli Faraz called on the ECP to take "practical steps" to end corruption and secrecy in Senate elections.
He said the primary reason behind the presidential reference was to find out what practical steps can be taken to end corruption in Senate elections.
"Today's decision is a very historic decision which apparently seems [to state] that Senate elections will be held according to Article 226. But at the same time, the honourable judges of the Supreme Court acknowledged that technology should be used to make elections transparent."
The minister requested the ECP to "use technology — in the form of a bar code or a serial number on the ballot paper — to ensure that these [Senate] elections do not become secret as per the SC's opinion".
He also termed the government's decision to file a presidential reference as a "very important and good decision", saying it was a significant milestone in the PTI's struggle.
It would ensure that members elected to the upper house of parliament were done so on merit and their personal and business interests did not affect their efforts for legislation, he added.
Faraz also expressed confidence that Finance Minister Hafeez Sheikh would win the Senate election, saying "people vote for Imran Khan, not the candidate".
The court had reserved its opinion on Saturday.
Attorney General Khalid Jawed Khan had on Dec 23, 2020, moved the 11-page reference under Article 186 of the Constitution relating to the advisory jurisdiction of the Supreme Court.
The president had sought the answer to the question of whether or not the condition of secret ballot under Article 226 of the Constitution applied to the Senate elections. The hearing started on January 4.
Ahead of the announcement, the registrar office had issued notices to the attorney general, chief election commissioner, Senate chairman and speakers of the national and provincial assemblies, advocates general for the four provinces, members of the Election Commission of Pakistan (ECP) and others.
 

Salza

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No it didn't. Senate elections won't be happening thru open ballots/ show off hands.
How ECP will maintain transparency, is something not possible with secret balloting under current mechanism...
 
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baqai

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so SC said to keep Senate Elections with secret ballot and this is supposed to be victory for PM? what the heck are these anchors and channels on *facepalm*
 

Salza

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so SC said to keep Senate Elections with secret ballot and this is supposed to be victory for PM? what the heck are these anchors and channels on *facepalm*
these are pti supporters who are twisting things to get more likes for their stupid videos.

Wednesday will decide the fate of PTI and if PTI looses important Sheikh Hafeez seat or chairman senate elections, than I think Imran Khan will dissolve the assembly
 

H!TchHiker

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AZ1

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so SC said to keep Senate Elections with secret ballot and this is supposed to be victory for PM? what the heck are these anchors and channels on *facepalm*
there will be serial number on ballot paper for each candidate to later they can know if they want to know who voted for whom
 

Dil_Pakistan

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Well its not open ballot but SC does say that ballot should be traceable

In normal cases this would indeed be almost a win-win situation for the stance of fair senate elections.

However not under this current ECP & its chairman who clearly seems to have shown his leanings to the PDM parties & leadership, ECP will likely say its too little time so we are doing nothing to make ballots traceble and blah blah.

It's a shame however that the govt. couldn't even vet and push for a honest and non-biased person for ECP chairman position and itself gave or agreed to a compromised person. Current ECP chairman is son or son-in-law of the principal secretary of Nawaz Shairf in past who was probably even with him in jail post 1999 coup.
 

GumNaam

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to all the pessimists, listen carefully...
the presidential ordinance requires that the party leaders shall be able to see who voted for who so the election commission has to enforce that now. all eyes on ecp.
 

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