ISLAMABAD: The Jamaat-i-Islami (JI), which sits on the opposition benches but not as part of the Pakistan Democratic Movement (PDM), on Sunday submitted separate resolutions to both the houses of parliament seeking disapproval of the controversial presidential ordinance on open Senate vote promulgated by the government on Saturday.

The resolution in the Senate Secretariat was submitted by JI emir Sirajul Haq and that in the National Assembly by party MNA from Chitral Maulana Abdul Akbar Chitrali.

The JI emir in his resolution, a copy of which was released to the media by the party’s media office, and moved under Rule 145(2) of the Rules of Procedure and Conduct of the Business in Senate 2012, stated that the government had promulgated the ordinance at a time when the matter was sub judice and pending before the Supreme Court. Moreover, the ordinance was promulgated after the government had already tabled a constitution amendment bill in the National Assembly on the same subject, he said.

PPP senator urges bar councils, associations to take straight stance on the matter

The opposition parties in the PDM have already rejected the government’s move to promulgate the ordinance, terming it “illegal and unconstitutional” and an attempt to “pressurise and dictate” the court.

Through the resolutions, the JI legislators have also objected to the language of the ordinance and the government’s move to make it conditional with the Supreme Court decision.

Meanwhile, Pakistan Peoples Party (PPP) Senator Mustafa Nawaz Khokhar in a statement on Sunday asked the bar councils and associations to take a “straight stance” on this issue, alleging that the ordinance on open ballot in the Senate elections was an effort to influence the Supreme Court. He said the government’s action would give a perception that the judiciary was not independent in its decisions. He said the PTI government had made every institution controversial.

“It is not in the interest of the country to harm the credibility of institutions for its own political interests. The PTI government wants to quell the revolt within the ruling party by using the Supreme Court,” he added.

Two days after abandoning its efforts to get the constitution amendment bill for an open Senate vote passed through the National Assembly, the government on Saturday promulgated the Elections (Amend­ment) Ordinance 2021 seeking amendment to the Elections Act 2017 for the use of an “open and identifiable ballot” in the coming and future Senate elections.

The government had on Friday obtained the cabinet’s approval for the ordinance through circulation.

Interestingly, the text shows that the ordinance has “come into force at once”, but an amendment to Section 122 of the Elections Act has made it conditional on the final decision of the Supreme Court on the presidential reference.

It says: “Provided that in case the Supreme Court of Pakistan gives an opinion in Reference No. 1 of 2021 filed under Article 186 of the Constitution, that elections for the members of Senate do not fall within the purview of Article 226 of the Constitution, the poll for elections for members of the Senate to be held in March 2021 and thereafter shall be conducted by the Commission (Election Commission of Pakistan) through open and identifiable ballot.

“Provided further that after the elections for members of Senate, if the head of the political party requests the Commission to show the ballot cast by any voting member of his party, the Commission shall show the same to the head of the political party or his nominee.”

Besides the opposition parties, a number of legal experts have termed the promulgation of the ordinance “presumptive legislation” because the Supreme Court has not yet decided the presidential reference which the government has filed to seek interpretation of Article 226 of the Constitution and explore the possibility of open balloting for the Senate elections.

In November last year, Prime Minister Imran Khan had vowed to hold the Senate elections through “show of hands”, and not by secret ballot, to ensure transparency and eliminate “vote trading” and the practice of use of money.

The opposition alleges that the government is doing all this because it has no control over and confidence in its lawmakers and fears that they may not vote for the candidates backed by the ruling alliance.

At present, the opposition is in majority in the Senate and the government has become desperate as many times a legislation passed by the National Assembly was rejected by the Senate.

Published in Dawn, February 8th, 2021