Presidential reference on Senate polls is misconceived: Rabbani.

ISLAMABAD -- PPP Senator Raza Rabbani has taken the plea before the Supreme Court that the reference seeking the court's opinion on open ballot for coming Senate elections is misconceived since the president was ill-advised by the executive with mala fide intent to file the reference.

The purpose behind filing of the reference is to bypass the procedure of legislation, provided in Articles 70, 72, 238 and 239 of the Constitution and the Rules of Procedure and Conduct of Business of Parliament, framed under Article 67 of the Constitution, because the ruling party does not have a two-thirds majority in the parliament, particularly the Senate, argues Mr Rabbani in a synopsis he has filed before the Supreme Court.

Headed by Chief Justice of Pakistan Gulzar Ahmed, a five-judge Supreme Court bench is hearing the reference seeking an answer to a question posed by President Dr Arif Alvi whether the condition of secret ballot under Article 226 of the Constitution applies to Senate elections or not.

Mr Rabbani argues that with deliberate intent, the reference does not mention the articles of the constitution which relate to the elections of chairman and deputy chairman of Senate ie Article 60 (2) to (7) and Article 53 which deals with the election of speaker and deputy speaker of National Assembly.

When Article 41 (election of the president) read with the Second Schedule and Article 60 (2) to (7) and Article 53 read with Article 61 are placed in juxtaposition to Article 59 (Senate elections), it emerges that Article 59 is pari materia (same subject matter) to Article 41 read with Second Schedule, Constitution, 1973, to the extent of laying down the procedure, mode and manner of elections to Senate, he says.

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