The government’s ordinance stands void with the Supreme Court’s opinion over the presidential r
eference seeking open ballot for the Senate election, Sardar Latif Khosa said.
The Election Commission
of Pakistan has authority and responsibility to ensure transparent elections, Latif Khosa said while commenting on the Supreme Court’s opinion over the presidential r
eference. “When the Supreme Court gives a decision, it deter
mines the direction,” Khosa commented.
Khosa, a former Attorney General, said that it will be up to the Election Commission to decide the mechanism for scrutiny
of the ballot in the Senate election. “The government has sought the advice
of the apex court over the matter and the court has given its opinion,” he said. “The court’s advice goes against the government,” he said.
“The court has given its ruling under Article 226 and all institutions are bound to accept the supreme court’s decision,” he further said.
Meanwhile, former secretary Election Commission Kanwar Dilshad commenting on the court’s opinion over the presidential r
eference on Monday said that the Supreme Court has settled the contentious matter once and for all.
“With the apex court’s opinion over the matter the government’s relevant ordinance now stands dissolved,” Dilshad said. “”The court has rejected the stance
of the attorney general,” he said. The election commission has now got an opportunity to ensure transparency in the Senate election,” the former ECP secretary further said. “Now it is upto the election commission to take substantial steps to wipe out corrupt pr
actices in the electoral process,” he added.
Replying to a question Dilshad said, “The success of Yousaf Raza Gillani in election will pose no threat to the government, but will weaken its legal rationale.”
The Supreme Court ruled that the forthcoming Senate elections are to be held through secret ballot under Article 226
of the Constitution. The apex court’s 4:1 majority decision, however, held that the Election Commission
of Pakistan (ECP) is empowered to take all measures, including the use
of the latest technology, to hold free and fair elections and curb corrupt pr
actices under Article 218
of the Constitution.
A five-judge larger bench
of the apex court, headed by Chief Justice
of Pakistan Gulzar Ahmed pronounced the reserved opinion.
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