LAHORE : A federal law officer told the Lahore High Court on Tuesday that a petition regarding the method of balloting in the upcoming elections of the senate was not maintainable since the Supreme Court had taken cognizance of the matter on a reference filed by the President.
Justice Atir Mahmood was hearing a petition moved by a lawyer for striking down the method of secret balloting for the senate polls when Deputy Attorney General Asad Bajwa questioned the competency of the petition. He told the court that the apex court had already taken up a presidential reference on the matter, therefore, the high court could not hear a petition on this question. He said President Arif Ali had sought an opinion of the SC on “open ballot” for the senate polls.
The judge adjourned the hearing till Jan 28 and also asked Advocate Azhar Siddique, the petitioner’s counsel, to apprise the court as to how it could strike down a provision of the Election Act 2017, which had been duly legislated by the parliament.
Petitioner Munir Ahmad had assailed the vires of section 122 (6) of the Election Act 2017 for being in violation of articles 222 and 226 of the Constitution. He said the article 226 restricted secret balloting only for elections held under the Constitution, which include elections for the office of president, speakers and deputy speakers of national and provincial assemblies, and election of chairman and deputy chairman of the senate.
