ISLAMABAD:The Supreme Court with a 4-1 majority on Monday opined that the the Senate elections would be held through secret balloting under Article 226 of the Constitution.
A five-member larger bench of the apex court headed by Chief Justice Gulzar Ahmed and comprising justice Mushir Alam, Justice Umar Ata Bandial, Justice Ijaz Ul Ahsan and Justice Yahya Afridi announced the reserved opinion on the Presidential Reference regarding Senate elections. Justice Yahya Afridi disagreed with the majority opinion.
The court in it’s short order declared that the elections for Senate were held in accordance with the law and the Constitution.
The court directed the Election Commission of Pakistan to use the latest technology to ensure transparent elections.
The court also directed the ECP to take all measures to end corrupt practices from the electoral process.
A detailed judgement is expected to be issued later today.
On December 23, 2020, the Attorney General for Pakistan had moved the Presidential Reference under Article 186 of the Constitution relating to the advisory jurisdiction of the Supreme Court. The president had sought the opinion of the apex court whether or not the condition of secret ballot under Article 226 of the Constitution applied to the Senate elections.