ISLAMABAD: The government Saturday promulgated the Elections (Amendment) Ordinance 2021, envisaging the conduct of Senate elections through open and identifiable ballot and enabling the party head to furnish request to see the vote.
The development takes place a day after both the Senate and the National Assembly strongly resisted the government’s move, alleging the ruling party had no control over its own legislators.
The two-page ordinance text was shared by Information and Broadcasting Minister Senator Shibli Faraz on his twitter account.
However, the government brushed aside the allegation insisting that making the elections transparent was imperative and it was also part of the Charter of Democracy (CoD).
The ordinance carries the signatures of President Dr. Arif Alvi.
The ordinance says, ‘And whereas the Senate and the National Assembly are not in session and the President of Islamic Republic of Pakistan is satisfied that circumstances exist which render it necessary to take immediate action’.
In exercise of powers conferred by Clause (1) of Article 89 of the Constitution, the President is pleased to make and promulgate the ordinance and it shall come into force at once and extend to the whole of Pakistan.
It amends Section 81, Act XXXIII of 2017. In the Act, hereinafter called as the act, in Section 81, in sub-section (1), for the word ‘An’, the expression ‘subject to Section 122’ as shall be substituted. It also amends Section 122, Act XXXIII of 2017. In the Act, in Section 122, in sub-section (6), for full stop at the end, a colon shall be substituted and thereafter these two provisions shall be added:
Provided that in case the Supreme Court of Pakistan gives an opinion in reference No.1 of 2021 filed under Article 186 of the Constitution that elections for the members of the Senate do not fall within the purview of Article 226 of the Constitution, the poll for elections for members of the Senate to be held in March, 2021 and thereafter shall be conducted by the commission through open and identifiable ballot.
Provided that after the election to the members of the Senate, if the head of a political party requests the commission to show the ballot cast by any voting member of his party, the commission shall show the same to the head of the political party or his nominee.”
Earlier, the approval for the open ballot voting was obtained from the federal cabinet through a circular summary.
The ruling coalition does not possess a two-thirds majority in the National Assembly and does not have simple majority in the Senate, whereas the change of poll process for the Senate requires a two-thirds majority in both Houses.
The joint opposition has already rejected the constitutional amendment bill moved by the government in the National Assembly the other day.
Meanwhile, the Pakistan Democratic Movement (PDM) rejected the government's move to amend the Elections Act and hold the Senate elections through show of hands.
In a meeting between PDM chief Fazlur Rehman and PML-N Vice President Maryam Nawaz, it was agreed that the procedure for the Senate elections could not be changed without a constitutional amendment.
According to sources, Maryam said it would be known in the Senate election who stood with whom.
She did not reject the option of a no-confidence motion against the prime minister.
Meanwhile, Fazlur Rehman said if it came to it, the PDM will approach the court.
PPP Chairman Bilawal Bhutto-Zardari, in a press conference, voiced similar concerns, saying an amendment could only be brought through the parliament.
He questioned the need to promulgate an ordinance when the matter was sub judice and a court ruling was awaited.
Bilawal vowed to not let the government "violate the sanctity" of secret ballot in the Senate elections.
The PDM leaders meeting and Bilawal's press conference came shortly before President Arif Alvi ratified a summary approved by the federal cabinet earlier in the day, officially paving way for open ballot in the Senate elections.
The ordinance has been made subject to a pending opinion by the Supreme Court on the matter.
The ordinance states that if the Supreme Court finds the Senate elections do not fall under Article 226 of the Constitution, an "open and identifiable ballot" will be held.
Defending the government on promulgation of the presidential ordinance, Federal Minister for Information and Broadcasting Shibli Faraz said the government wanted to make the Senate elections transparent but some people were opposing it and wanted horse-trading.
Such elements, he said, believed in money and they always did politics on the basis of their wealth.
Federal Minister for Communications and Postal Services Murad Saeed said the opposition parties were not supporting the presidential legislation, as they wanted to continue corrupt practices like in the past.
Addressing a press conference in Islamabad, he said the government introduced the bill to stop corrupt practices during the Senate elections.
“The opposition parties are opposing the bill, as they want corruption and use of money to continue during the elections,” he said.
He said the government under the leadership of Prime Minister Imran Khan was committed to end horse-trading and use of money in the Senate elections.
He said former prime minister Benazir Bhutto desired to bring transparency in election process but unfortunately her political party overlooked the matter.
He said the PTI had expelled 20 of its MPAs after they were found guilty of taking money in the 2018 Senate polls.
The minister said the opposition also took U-turn on the matter of tendering resignations from the assemblies, adding that they had no connection with the masses, as their only agenda was to get NRO.
He said the masses had rejected the narrative of PDM, adding that they should return the looted money first after which the nation might forgive them.
He said the true face of opposition parties was exposed, as their interest was to protect corruption.
He said the government would never give NRO to corrupt elements.
Criticising the statement of PPP Chairman Bilawal Bhutto, the minister said Bilawal became a leader but he never worked for the party as worker or took part in any struggle.