President Dr Arif Alvi on Saturday signed an ordinance amending the Election Act, 2017, to provide for holding the upcoming Senate election through open ballot.
Through Election (Amendment) Ordinance 2021, the president amended sub-section VI of section 122 of the Election Act 2017. The ordinance, released by the President House, will come into force if the Supreme Court, hearing Reference No 1 of 2021, opined that the matter was not in its purview. In such a case, the Senate election scheduled in March this year would be held through open ballot.
“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 through open and identifiable ballot,” the ordinance says.
Moreover, according to the ordinance, the Election Commission of Pakistan would show the ballot to the political party if it requested for the same after the election. “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.”
Following is the text of the ordinance:
AN ORDINANCE further to amend the Elections Act, 2017 Whereas it is expedient further to amend the Elections Act, 2017 (XXXIII of 2017), And whereas the Senate and the National Assembly are not in session and the President of the Islamic Republic of Pakistan is satisfied that circumstances exist which render it necessary to take immediate action:
Now, therefore, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance:
1.Short title and commencement: (1) This Ordinance shall be called the Elections (Amendment) Ordinance. 2021.
(2) It shall come into force at once.
(3) It extend to the whole of Pakistan.
2. Amendment of section 81, Act XXXIII of 2017.- In the Elections Act, 2017 (XXXIII of 2017), hereinafter called as the said Act, in section 81, in sub-section (1), for the word “An”, the expression “Subject to section 122, an” shall be substituted.
3. Amendment of section 122, Act XXXIII of 2017.- In the said Act, in section 122, in sub-section (6), for full stop at the end, a colon shall be substituted and thereafter, the following two provisos shall be added. namely –
“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 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.”
4. Amendment of section 185, Act XXXIII of 2017. In the said Act, in section 185, for the word “An”, the expression “Subject to section 122, an” shall be substituted.
Earlier in the day, the federal cabinet approved a summary to promulgate the ordinance to make an amendment to the Election Act, 2017 to hold the Senate polls through an open ballot. The approval was taken from the cabinet through a circulation summary as there is not much time left for the legislation. The Election Commission of Pakistan has announced it will issue the schedule for polls on February 11.
Reports said that Attorney General of Pakistan (AGP) Khalid Jawed Khan drafted the ordinance which was sent to Prime Minister Imran Khan for approval. It was then sent to President Arif Alvi for ratification.
Earlier this week, the government had tabled a bill in parliament to legislate on the matter but the efforts went unsuccessful due to a protest in the National Assembly.
