Senate polls cannot remain ‘secret forever’, says SC judge

Supreme Court judge Ijazul Ahsan, while hearing presidential reference pertaining to the secret ballot in the Senate elections, said that the votes cast in the election cannot remain “secret forever”.

A five-member bench headed by Chief Justice Gulzar Ahmed urged Chief Election Commissioner Sikandar Sultan Raja to consider recommendations presented by Attorney General Khalid Jawed Khan and submit a response to the top court. Raza Rabbani, who is representing the opposition in the case, opposed this, saying the attorney general would share the government’s point of view on the issue.

The SC had grilled the Election Commission of Pakistan over its response on the secret ballot on Tuesday. Today, the ECP in its reply maintained that the Senate elections can only be held through secret voting under Article 226 until an amendment is made.

As per the article, the voting in the election would “always remain secret”, the ECP informed the bench. Justice Ahsan remarked that the “secrecy of the vote till the Day of Judgement is neither in the law nor in court judgements”.

The judge further said if any party got less number of seats in the Senate as compared to its seats in the provincial assemblies then the ECP will be responsible. “If [any party] does not get [the number of seats] in relation to its seats in the provincial assemblies, it will be the ECP’s defeat.”

At this, the election commission tried to assuage the court’s concerns, saying the ECP has set up a vigilance committee and an online complaints centre. All election candidates will be required to take an oath that they would not buy or sell votes, the ECP representative added.

He informed the court that more than 1,100 complaints had been received since September. “Whatever complaints the ECP receives regarding elections, action is taken on them immediately.”

Justice Mushir Alam observed that the matter of secrecy was part of the Elections Act 2017 but the question was to what extent would secrecy be applicable.

During the hearing, the attorney general said ECP needs to wake up from its slumber and formulate a mechanism to stop horse-trading. AGP Khan said the ECP should ask the heads of political parties whether any seat adjustment was done. Barcodes or serial numbers could be printed on ballot papers, he suggested.

Meanwhile, the chief justice refused to entertain the Pakistan Bar Council’s plea, saying the PBC won’t be heard on political matters.