Is the federal government in a run to elect Chairman and Deputy Chairman of the Senate of Pakistan while keeping the Pakistan Tehreek- e-Insaf (PTI) out of this democratic process?
This is a question cum allegation which the PTI, stalwart Sher Afzal Marwat has leveled against the government and all its allied parties.
Today while speaking to media Marwat alleged the government for being in a move to elect both the Chairman and Deputy Chairman of the Upper House of the Parliament stating that this was the only reason senate elections in Khyber Pakhtunkhwa (KP) were till the next order of the Election Commission of Pakistan.
Interestingly Mr. Marwat has also stated that Election Commission has no jurisdiction over the provincial assemblies including of the KP concerning to postpone senate elections. He also like other mainstream leadership of his part has announced to land a petition in the Supreme Court of which his party is already famous.
Though Marwat’s fears to some extent look important, especially when the government and its allies have secured 19 seats in yesterday’s Senate election which in fact has improved their party position in the House, but to avert such fears just statements are enough or something very practical is required to be done?
To avert any such fear or any move of the government in this regard as he has claimed, should he had not suggested his party’s leadership or even the Speaker of the Assembly to ensure the conduction of Senate elections and that after complying with the Peshawar High Court orders and ECP’s observations over the oath taking of notified members of this assembly on reserve seats? Adding to the miseries the ECP’s act is being declared unconstitutional by Mr. Marwat and several of his party’s leaders including KP’s CM.
Although Sher Afzar himself is legal practitioner but it is surprising that how could pass on such statement without knowing that what the ECP did was fairly legal and constitutional. Perhaps he has not come through the ECP’s statement that the election in KP was deferred under Article 218 (3) and Section 58 of the Election Act 2017.
Article 218(3) of the constitution says “it shall be the duty of the Election Commission to organize and conduct the election and to make such arrangements as are necessary to ensure that the elections is conducted honestly, justly, fairly and in accordance with law and that corrupt practices are guarded against.”
Section 58 of Election Act 2017 says “Notwithstanding anything contained in section 57, the Commission may, at any time after the issue of the notification under sub-section (1) of that section, make such alterations in the Election Program announced in that notification for the different stages of the election or may issue a fresh Election Program as may, in its opinion to be recorded in writing, be necessary for the purposes of this Act:” Section 8(c) says” Election commission may issue such instructions, exercise such powers and make such consequential orders as may in its opinion, be necessary for ensuring that an election is conducted honestly, justly, fairly and in accordance with the provisions of this Act and the Rules. Now what is unconstitutional? The PTI leaders’ statements or the action of the ECP is an obvious question. Meanwhile it is equally important to note that Sher Afzal Marwat has reportedly been removed of his party’s position following an ongoing rift within the ranks and files of PTI over Marwat’s political attitude. However, despite all the debate, it is important that PTI which off course is a political party should not be kept out of any democratic process; And KP’s government on the hand should comply with orders of the court and let the Speaker of the provincial assembly administer oath of the candidates on reserve seats. The KP government should play its role and the federal should play its role to resume the postponed elections in this province which is very important for the Upper House to have its chairman elected.
Moreover, equally important is the Article 59 of the Constitution for everyone to act upon with letter and spirit. This Article serves as the cornerstone of the Senate, guaranteeing its representation, diversity, and stability. It outlines its composition – elected members from Provincial Assemblies and Federal Capital will sit alongside women, technocrats and non-Muslims with reserved seats. A proportional representation system ensures all segments of society can have their voices heard within its ranks. Currently the Senate of Pakistan is without a Chairman and a Deputy Chairman. However as per the available rules, Speaker of the National Assembly of Pakistan can chair the Senate proceedings in such situation.
(Senior journalist Rana Kashif has authored this article)
