ISLAMABAD: The Supreme Court has settled the contentious matter for all time, Kanwar Dilshad commenting on the court’s opinion over the presidential reference said on Monday.
“The government was opined that the Senate elections not held under the constitution but the supreme court endorsed that the election in the upper house held under the constitution and the law,” talking to ARY News, former secretary election commission said.
“With the apex court’s opinion over the matter the government’s relevant ordinance now stands dissolved,” Dilshad said.
“”The court has rejected the stance of the Attorney General”, he said. The election commission has now got an opportunity to ensure transparency in the Senate election,” the former ECP secretary further said. “Now it is upto the election commission to take substantial steps to wipe out corrupt practices in the electoral process,” he added.
Replying a question Dilshad said, “The success of Yousaf Raza Gillani in election will pose no threat to the government, but will weaken its legal rationale.”
The Supreme Court Monday morning ruled that the forthcoming Senate elections are to be held through the secret ballot under Article 226 of the country’s Constitution.
The apex court’s 4:1 majority decision, however, held that the Election Commission of Pakistan (ECP) is empowered to take all measures, including the use of the latest technology, to hold free and fair elections and curb corrupt practices under Article 218 of the Constitution.
A five-judge larger bench of the apex court, headed by Chief Justice of Pakistan Gulzar Ahmed and comprising Justice Mushir Alam, Justice Umar Ata Bandial, Justice Ijazul Ahsan and Justice Yahya Afridi pronounced the reserved opinion. Justice Afridi dissented to the majority opinion.
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