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JUI-F challenges Senate 'open ballot' ordinance in SC

JUI-F challenges Senate 'open ballot' ordinance in SC
February 8, 2021

ISLAMABAD (92 News) - Jamiat Ulema-e-Islam- Fazl (JUI-F) has on Monday challenged Elections (Amendment) ordinance 2021 in the Supreme Court (SC).

In the petition, terming the presidential ordinance in contradiction with the constitution of Pakistan, the JUI-F has pleaded with the SC to take notice of the matter. The ordinance is based on the dishonesty of the government and should be declared null and void, the plea read.

The ordinance has challenged the supremacy of the Parliament and the Supreme Court.

Earlier on Saturday, the federal government promulgated a presidential ordinance to make amendments to the Election Act, 2017, to hold Senate polls through open vote.

According to a provision of the ordinance, its application is conditional on the Supreme Court's advisory opinion on whether secret balloting as mentioned under Article 226 of the Constitution includes the Senate election.

The government has already filed a reference with the apex court, asking for its interpretation on the relevant article. If the SC interprets secret balloting referred to in Article 226 to also include Senate elections, then the ordinance will not hold since a constitutional amendment will be required to hold Senate polls through open vote.

The Elections (Amendment) Ordinance 202, shared by Information Minister Shibli Faraz on Twitter, stated that the Senate and National Assembly are not in session and the president is satisfied that "circumstances exist" which render the ordinance necessary to take immediate action.