Notice to Centre on plea against Senate secret ballot

LAHORE: The Lahore High Court on Wednesday issued a notice to the federal government and also sought assistance from attorney general on a petition seeking declaration that the rejection of no-trust resolution against Senate chairman through secret balloting was unconstitutional.

During a brief hearing, Advocate A K Dogar argued on behalf of the petitioner and asked the court to declare rule 12 (10) of the Rules of Procedure and Conduct of Business of Senate, 2012 as ultra vires to the Constitution.

The lawyer stated when the resolution moved by the opposition came up for consideration, 64 members rose in their seats in its support.

However, he said, when it was put to vote through secret balloting there were only 50 votes in favour of the resolution.

He said Article 226 of the Constitution mandated that all elections would be held through secret ballot except of the prime minister and the chief minister of a province. He argued that it was only for election that a secret ballot could be resorted to, but not for removal of a functionary.

He contended that removal of a public office holder was permissible through a vote, not through secret ballot but by open transparent show of hands.

Mr Dogar argued that Islamic dispensation of justice demanded transparency and openness in all actions, especially the statecraft.

Therefore, he asked the court to declare the rejection of no-trust resolution against Senate chairman through secret balloting as unconstitutional.

Justice Asim Hafeez heard the arguments and issued notice to the government for Sept 25.