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Thursday November 28, 2024

Senate chairman election: IHC accepts Gilani’s appeal for hearing, issues notices

By Obaid Abrar Khan
April 15, 2021

ISLAMABAD: On a petition of PPP leader Yusuf Raza Gillani challenging the rejection of his seven votes in the Senate chairman election, the Islamabad High Court (IHC) on Wednesday served notices on respondents on an intra-court appeal.

A division bench of the Islamabad High Court comprising Justice Aamer Farooq and Justice Tariq Mehmood Jahangiri heard the appeal against the decision of a single bench. Gillani's lawyer Farook H Naek appeared before the court and adopted the stance that the single bench had dismissed their case on two grounds. He argued that the election was held under Article 60 and the Senate used to prepare rules under Article 67 of the Constitution.

He contended that rules and procedures were prepared by the then Senate in 2012, which were silent about the procedure regarding the election of Senate chairman. He said there is no procedure and method specified in the rules for the Senate chairman poll. He said they met the Senate secretary before the election, who briefed them about the method of casting votes. Seven votes of Yusuf Raza Gillani were rejected by the presiding officer for wrong stamping. He said they are not challenging the proceedings of the Senate; instead they are challenging the decision of rejecting seven votes.

To a query by the bench, Naek said there is no alternative forum for them to challenge the election results as the election was not held under the Election Act. He produced a copy of a Sindh High Court verdict in another case as a reference. If they bring a move for vote of no confidence in the Senate, it means they have admitted the election results, he argued. After listening to arguments, the bench admitted the appeal for hearing and served notices on the respondents for April 27. The petitioner had named Senate Chairman Sadiq Sanjrani, law and parliamentary affairs secretaries, presiding officer and others as respondents in the case.