ISLAMABAD - Senator Syed Yousaf Raza Gilani Wednesday challenged the Islamabad High Court (IHC) judgment regarding election of the Chairman Senate before the Supreme Court of Pakistan. In this regard, the PPP Senator filed an appeal against the IHC judgment under Article 185 of the Constitution and cited Secretary Ministry of Law and Justice, Secretary Ministry of Parliamentary Affairs, Syed Muzzafar Hussain Shah Presiding Officer to the Election to Chairman Senate, Secretary Senate and incumbent Chairman Senate Sadiq Sanjrani, as respondents. A division bench of the IHC had dismissed the PPP leader’s writ petition on 31-03-22. Sadiq Sanjrani became the Senate Chairman on 12-03-21. Advocate Farooq H Naek, who had filed the appeal on behalf of Yousaf Raza Gilani, contended that the judgments passed by the IHC single judge and the Division Bench was in violation of the principles laid down by the apex court in SMC No.1/2022.

 

 

He also contended that the High Court had erred in law while overlooking the aspect that the petitioner despite obtaining majority of Senate votes, was declared unelected by invalidating seven (07) of his valid votes merely on the ground that those 7 voters had marked the stamp on petitioner’s name though it was admittedly marked within the box wherein the candidate’s name was printed. The counsel stated that the High Court has failed to appreciate that the voters were asked to put a stamp mark in the box of their candidate of choice and the petitioner’s polling agent, at the outset during the count had specifically taken the plea before the presiding officer that the voters had rightly stamped the stamp mark within the box which was required under the rules/ guidelines/ instructions but the presiding officer did not consider the said argument and arbitrarily announced the order with malafide intention and for ulterior considerations. He also stated that the IHC had failed to appreciate and consider the malafidies of the Presiding Officer.

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floating on the surface of record prima facie showing that neither the process of poll was fair nor just or impartial rather the same was tainted with malice and the Presiding Officer being hailing from the ruling regime was hell-bent to facilitate its party by abusing the due process of law and its official authority/ powers.

The lawyer contended that the IHC failed to appreciate that the arbitrary rejection of votes is an attempt to disenfranchise representatives of the people of Pakistan, it is an attempt to steal the elections with the use of election machinery itself. This conduct is contrary to Article 19 of the Constitution and if kept unchecked will tantamount to collapse of the very basic tenants and structure upon which our Constitution is based.

He argued that the High Court had failed to appreciate that the Respondent No.6, after taking oath, himself stated the manner of voting for post of Deputy Chairman Senate by reiterating that the votes have to be stamped in the box bearing the name of the candidate, he further said.

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