ISLAMABAD: Known for springing up surprises at the eleventh hour, the ruling PML-N decided on Monday to introduce a major constitutional amendment under which, if passed, the upcoming Senate elections would be held through show of hands, instead of secret balloting.

Some constitutional and legal experts are of the opinion that it was too late to effect the desired change in the Constitution because the Senate elections are due on March 5. After having received nomination papers, the Election Commission is currently carrying out scrutiny of the candidates.

“It’s just like you start a match and then half-way through decide to change rules of the game,” quipped a government critic.

Take a look: JI wants open ballot in Senate polls

The decision to change the mode of voting, according to sources in the PML-N, has largely been taken to avert a possible embarrassment, notably in Balochistan and Khyber Pakhtunkhwa where some lawmakers have refused to follow the party line vis-à-vis the Senate elections.

They said Prime Minister Nawaz Sharif, during his two-day visit to Quetta last week, tried to keep the party’s strength in the provincial assembly intact, but returned unsuccessful.

About five MPAs reportedly refused to attend the party meeting chaired by the prime minister because they were not happy over the distribution of Senate tickets in Balochistan.

Presiding over a meeting of the federal cabinet, the prime minister constituted two committees “for contacting various political parties to pave way for a constitutional amendment so that upcoming Senate elections can be held through show of hands rather than through secret ballot”, said an official statement issued after the meeting.

The first committee comprises Information Minister Pervaiz Rasheed, Railways Minister Khawaja Saad Rafique and IT Minister Anusha Rahman and the second Planning and Development Minister Ahsan Iqbal, KP Governor Mehtab Ahmed Khan and Adviser to the Prime Minister on Parliamentary Affairs Barrister Zafrullah.

“The committees would contact different political parties so that horse trading can be discouraged and transparency ensured,” the statement said. A third committee consisting of legal experts will submit its report on the legal position to the prime minister ‘within 24 hours’.

PPP’S RESPONSE: The opposition PPP said the party was against horse trading not only in the Senate elections but in all elections and would welcome measures aimed at stopping it.

“However, the government decision to amend the Constitution for Senate elections by show of hand is a hasty and thoughtless move bereft of deep thought and reflection and seems aimed at political point scoring,” it said.

The formal reaction was issued by Senator Farhatullah Babar, spokesperson for PPP Co-Chairman and former president Asif Ali Zardari. It said the Senate elections involved several technicalities like first, second and third preferences and transfer of surplus votes of a winning candidate to the next one.

PM decides to amend Constitution, forms two committees to consult parties

“How can these technical issues be addressed by show of hands is not clear. The government must come out clean on it and explain how it can implement it when elections are just 10 days away. Either they are naive or playing political gimmickry or perhaps both,” it said.

For Leader of the Opposition in the Senate Chaudhry Aitzaz Ahsan, it was quite an unexpected move on part of the government at a time when the ECP had already announced the election schedule. But he said that if the government could get through the required amendment before the voting day, the elections could be held through show of hand.

“With rampant stories of horse trading in the air, the proposed amendment carries its pros and cons. Let the government come to us and share what it has in its mind and then we will be in position to say something with certainty,” said Barrister Ahsan, a senior leader of the PPP without whose support the government could not pass the amendment with two-thirds majority in the Senate.

As of now the PPP holds majority in the upper house.

Another PPP leader, who requested not to be named, said the framers of the 1973 Constitution had introduced a single transferable vote for Senate elections which helped even small parties send their representatives to the upper house.

“I am wondering how the government can straightway change the present voting system to show of hand. It’s not as simple as someone may have in his mind. May be with timely deliberations, some way out could have been worked out,” the PPP leader said.

At present a voter marks preferences in the list of contesting candidates and final calculations are made by the ECP.

One possible option to discipline rebellious lawmakers, the PPP leader said, was to add a fourth clause to Article 63-A of the Constitution under which the party head could de-seat an erring legislator for voting against the party line.

Talking to Dawn, former law minister and Supreme Court lawyer Dr Khalid Ranjha said that with the kind of money being offered for Senate elections this seemed a plausible move. Whether it can be done now is something which legal experts of political parties represented in parliament will decide.

At a press conference on Sunday, PTI chief Imran Khan also demanded that Senate elections should be held through show of hand, instead of secret balloting.

At least in the case of Senate elections, Mr Khan has similar concerns as expressed by the prime minister. Some PTI lawmakers in Khyber Pakhtunkhwa where the party is expecting to win five to six Senate seats are said to have been lured by the money on offer for their votes.

A government source told Dawn that if political parties agreed the changes would be made in Article 226 of the Constitution. In its current form, the article says: “All elections under the Constitution, other than those of the Prime Minister and the Chief Minister, shall be by secret ballot.”

The statement issued after the cabinet meeting said: “Expressing his deep concern over the reports of alleged use of money and influence for the forthcoming Senate elections, the prime minister directed cabinet members to ensure horse trading-free elections to be held on March 5.”

Mr Sharif said the government attached great value to the sanctity of vital national institutions.

Published in Dawn February 24th , 2015

On a mobile phone? Get the Dawn Mobile App: Apple Store | Google Play