LAHORE: The Lahore High Court has been requested to declare that the rejection of no-trust resolution against the Senate chairman through secret balloting is without lawful authority and of no legal effect.

A petition filed by Lawyers Foundation for Justice through senior lawyer AK Dogar also asks the court to declare Rule 12 (10) of the Rules of Procedure and Conduct of Business of Senate, 2012 as ultra vires to the Constitution.

The lawyer stated that the opposition parties moved a resolution saying that Senate Chairman Sadiq Sanjrani did not enjoy the constitutional support of majority of the members of the House.

The resolution came up for consideration and 64 members rose in their seats in support of the resolution, however, when it was put to vote through secret balloting there were only 50 votes in its favour.

The lawyer pleaded that it has been provided in Article 53(7)(c) of the Constitution that a resolution can be moved by the members of Senate, and the chairman shall stand removed from his office. He also referred to Article 226 of the Constitution, which mandates that all elections shall be held through secret ballot except of the prime minister and a chief minister of a province.

He argued it is only for election that a secret ballot can be resorted to, not for removal of a functionary.

Mr Dogar submitted that the term “vote” has not been defined in the Constitution, whereas Black Law Dictionary defines a vote as an expression of one’s preference or opinion in a meeting or election by ballot, show of hands or other type of communication. He stated that removal of a public office holder is permissible through a vote, not through secret ballot but by open transparent show of hands. He argued that Islamic dispensation of justice demands transparency and openness in all actions, especially statecraft.

Therefore, he asked the court to declare the rejection of no-trust resolution against the Senate chairman through secret balloting as unconstitutional.

PML-N, PPP and JUI-Fazl have been made party in the petition besides the Senate chairman.

Published in Dawn, August 6th, 2019