Ruling allies set to clinch posts of Senate chief, deputy

ISLAMABAD: The ruling coalition is set to get elected its candidates for the posts of chairman and deputy chairman Senate without any resistance today (Tuesday), as Pakistan Tehreek-e-Insaf (PTI) has announced boycott of the process, calling it unconstitutional.

The ruling PMLN, PPP and their allies enjoy clear majority in the House, and have consolidated it in the recent Senate elections. The upper house of the parliament remained virtually dysfunctional for about a month in the absence of chairman and deputy chairman.

Former chairman Muhammad Sadiq Sanjrani had ‘lost’ his post on February 15, under a constitutional provision, following his election as a member of the Balochistan Assembly, whereas Mirza Muhammad Afridi completed his three-year term as deputy chairman on March 11.

President Asif Ali Zardari has summoned the House to meet for its inaugural session on April 9 for the oath-taking of newly-elected members and the election of the Senate chairman and deputy chairman. Under an agreement, the PPP will nominate its candidate for the post of chairman, and the PMLN for deputy chairman.

The Senate Secretariat has issued order of the day, according to which, the House will meet at 9am. on Tuesday (today).

Following recitation from the Holy Quran, the Senate secretary will welcome the members-elect and make announcement of the nomination of presiding officer in terms of sub-rule (2) of Rule 9 of the Rules of Procedure and Conduct of Business in the Senate, 2012.

This will be followed by oath by the members-elect in terms of Article 65 of the Constitution of the Islamic Republic of Pakistan and signing of the Roll of Members.

The announcement regarding the schedule for election of chairman and deputy chairman Senate will be made at 12:30pm and oath by the members-elect, if any. Then announcement of the name(s) of candidate(s) nominated for election as chairman Senate will be made as well as about the election of Chairman Senate by secret ballot, if required; and announcement of result.

After the election, the chairman-elect will take oath and this will be done in terms of clause (2) of Article 53 read with Article 61 of the Constitution of the Islamic Republic of Pakistan. Then announcement of the name(s) of candidate(s) nominated for election as deputy chairman Senate will be made; election of deputy chairman Senate will be by secret ballot, if required; and announcement of result.

The chairman will administer oath to the deputy chairman-elect in terms of clause (2) of Article 53 read with Article 61 of the Constitution of the Islamic Republic of Pakistan.

Former prime minister and PPP candidate Yusuf Raza Gilani is the joint candidate of the ruling coalition for the coveted office of chairman, while deputy chairman would be from the PMLN, though the party had not announced candidate’s name so far.

Election to fill 48 vacant seats of the Senate was scheduled for April 2; however, 18 senators got elected unopposed while polling for 11 seats from KP was postponed by the Election Commission of Pakistan at the eleventh hour after the MPAs elected on reserved seats were not administered oath.

In its order, the electoral body had made it clear that if the MPAs elected on reserved seats were not administered oath, then polling for KP senators would be delayed till the needful was done.

Now, 43 senators would take oath as members of the House, including 37 elected by virtue of elections on April 2 and six, who made their way to the Senate after by-elections, conducted in March.

The term of a senator is six years, but half of them retire every three years and elections are held to fill the vacancies. And, these elections are normally conducted before the expiry of the senators’ term, but that could not happen this time, owing to different reasons.

One major reason for the rare scenario was delay in holding of general election, that led to non-availability of the electoral college for holding of Senate elections. Six Senate seats had been abolished under the 25th constitutional amendment, which paved the way for merger of the tribal areas with Khyber-Pakhtunkhwa.

However, the PTI Monday decided to ‘boycott’ the major electoral event in the upper house of parliament — scheduled to be held on Tuesday (today). In its meeting, the PTI core committee said they had decided to boycott the unconstitutional elections for the slots of chairman and deputy chairman of the Senate, reiterating the demand that the elections should be postponed till the senators from KP were elected.

The forum made it clear that the elections of chairman and deputy chairman of the Senate without representation of all federal units was unconstitutional and unacceptable.

Prior to the clarification, the former ruling party approached the Senate secretary with an application seeking deferment of the polls. In its application, Senator Saifullah Niazi said the actual number of Senate members was 96. Currently, the upper house is short of 11 members, as the ECP had postponed the KP Senate elections last week because of non-administration of oath to MPAs elected on reserved seats.

It said elections should not be held until Senate polls in KP were held. A unit of the federation should not be deprived of representation by depriving KP of participation in the Senate chairman and deputy chairman polls, it added.

The PTI spokesperson also said elections for the posts of the chairman and deputy chairman of Senate without representations from all federating units, was unconstitutional and unacceptable.

He emphasised that his party would not tolerate the ‘insult’ to the upper house to select the unelected persons on the constitutional positions of the state from the incomplete electoral college. He also made it clear that electing chairman and deputy chairman of Senate in the absence of senators from KP would tantamount to murder of democratic values and traditions.

The spokesperson lamented that the process of violation of the constitution and democratic principles by the unconstitutional government of form-47 was continuing without any break.

He alleged that after postponement of Senate election in KP, the election of chairman and deputy chairman of Senate was a continuation of the conspiracy to ambush the public mandate.

He urged that the apex court should take notice of the ongoing attempts to deviate from the constitution to elect chairman and deputy chairman in the absence of KP senators and issue orders to defer the polls until the upper house was completed.

The spokesperson made it clear that the PTI would shield and safeguard the public mandate at every step and would resist any further undemocratic, apolitical and immoral experience in a befitting manner.

Separately, the Islamabad High Court (IHC) Monday rejected a petition of five PTI senators, filed for stopping the election of Senate chairman and deputy chairman. Removing the objection of the registrar’s office on the application, the court issued notices to the ECP and other parties, and sought their response.

The PTI senators’ lawyer, Shoaib Shaheen Advocate, told the court that Senate chairman and deputy chairman elections would be held on Tuesday. He asked the court what was harm in it if the elections were stopped and held after Eid. IHC Chief Justice Aamir Farooq remarked that the court would have to see into the matter whether the elections could be stayed or not.

The IHC chief justice heard the petition, filed by PTI’s five senators: Dr Zarqa Suharwardy, Falak Naz, Fouzia Arshad, Saifullah Niazi and Saifullah Abro, with objections from the registrar’s office. In the petition, it was requested that the election schedule for the Senate seats in Khyber-Pakhtunkhwa (KP) should be released and the election of the Senate chairman and deputy chairman should be stopped until Senate seats election in KP Assembly.

The IHC raised objection to the plea saying that a similar matter was already sub judice before the Peshawar High Court (PHC). The IHC registrar office had advised the PTI senators to approach the PHC for the purpose.

Shoaib Shaheen Advocate stated that that was a separate matter, adding that it was the issue of reserved seats for women and minorities. He stated that the ECP had refused to give seats to the PTI-backed Sunni Ittehad Council, which had approached the PHC, and later the matter went to the Supreme Court. He stated that the ECP had postponed the Senate elections in KP Assembly after oath was not administered to those elected on reserved seats.

The petitioners stated that the number of Senate seats in all provinces was equal, and FATA had been merged into Khyber-Pakhtunkhwa. They said Senate elections had been held in other provinces and Islamabad, but postponed in KP. They stated that without senators of KP, the Senate chairman and deputy chairman elections, being held on Tuesday, would be unconstitutional.

Meanwhile, the PPP expressed the hope that its candidate, Yusuf Raza Gilani, would be elected as the Senate chairman easily. PPP Secretary Information Faisal Karim Kundi told The News on Monday “we have support of over 60 senators for the chairman Senate post.”

Gilani also hosted an Iftar-dinner for senators on Monday, which was also attended by PPP Chairman Bilawal-Bhutto Zardari, former caretaker prime minister Anwarul Haq Kakar, Federal Minister Azam Nazir Tarar, Vice President PPP Senator Sherry Rehman, Senator Kamil Ali Agha of PMLQ and others.

According to the party, Yusuf Raza Gilani has support of 24 senators of PPP, 19 of PMLN, four of BAP, three senators of ANP, three Independents and one of National Party, that makes a total of 54. If three senators of MQM-Pakistan and five of the JUIF also supports Gilani, then tally of votes would reach 62, which suggested that the ruling coalition’s nominee would be in comfortable position to win the slot.

Meanwhile, the coalition government approached leadership of Jamiat Ulema-e-Islam-Pakistan (JUIP) to seek support for Gilani. A delegation of government comprising Law Minister Senator Azam Nazeer Tarar, Senator Dr. Sherry Rehman and Syed Naveed Qamar MNA met JUIP Secretary General Maulana Abdul Ghafoor Haideri at his residence.

The JUIP delegation also comprised Senator Maulana Attaur Rehman, Senator Kamran Murtaza, Maulana Attaul Haq Darvesh and Senator Dilawar Khan.

The JUIP spokesman said the government delegation requested party’s support to Gilani for Senate chairman elections. It was decided that both sides would consult their leadership before announcing any decision.

The sources said that the delegation also requested JUIP support for Senate deputy chairman elections.