The Pakistan Tehreek-e-Insaf (PTI) has boycotted polls over top positions of the Senate of Pakistan. Syed Yousaf Raza Gillani and Sardar Syedal Khan Nasir have been elected unopposed respectively over the slots of Chairman and Deputy Chairman of the Upper House. Apparently, it looks that all agenda of the PTI to avoid the whole exercise is to push the government to take rounds of the court.
Both Mr. Gillani of the Pakistan Peoples’ Party (PPP) and Syedal Khan Nasir of the Pakistan Muslim League Nawaz (PMLN) taken their oaths have also assumed duties of their respective offices. Presiding Officer of the Senate Ishaq Dar administered oath of Mr. Gillani while Gillani administered oath of Syedal Khan.
On Tuesday when polling was to start, senator Barrister Ali Zafar of the PTI objected holding of this election as in his opinion the House will remain incomplete till the senate elections Khyber Pakhtunkhwa (KP) are not resumed. He declared this election as unconstitutional. Federal Law Minister, Senator Azam Nazeer Tarar objected this point of the opposition stating that deferring of senate elections in KP was PTI’s own choice and was the result of its refusal to obey court orders to Speaker KP Assembly.
The Presiding officer ruling out objection of the opposition started the election process; which in return marked the success of both Yousaf Raza Gillani and Syedal Nasir. Mr. Gillani right after administering of his oath started headed the proceedings of the House and administered of Syedal Khan. The newly elected chairman earlier has served Pakistan as Prime Minister and Speaker of the National Assembly of Pakistan. He has a long history of his political struggle and went through victimization by General Pervez Musharaf.
Interestingly the PTI about two days earlier announced the name of Barrister Ali Zafar and Mr. Aun respectively for the slot of Chairman and Deputy Charmin as rival candidates; but a day later parked a petition in the Islamabad High Court seeking to stop this polling and order to resume senate election in KP.
The PTI earlier boycotted the senate election in the province of Sindh where the PPP secured 10 out of 11 seats. The opposition did not take part in the election expressing fears that it would not be a fair election, but the situation was otherwise as the PPP’s position in the provincial assembly of Sindh was much stronger while PTI was politically on the back burner. Similarly the PTI did not facilitate the Election Commission of Pakistan in holding of the senate elections in the province of Khyber Pakhtunkhwa. It ruled out all observations of the ECP and that of the Peshawar High Court regarding to administer oath of about 25 notified members on reserved seats but instead preferred the deferring of this election.
This party did not obey the orders of the ECP and of the high court as it was confident to lose a number of seats out of the total 11 even in the province of KP and was not able at all to secure the top position in the Senate. And now after announcing names for the top slot of senate, it has again taken a route of the court.
On the other hand, the PPP’s Yousuf Raza Gilani was expected to secure the slot in the Upper House of the Parliament of Pakistan as his party has a power-sharing deal with the PMLN. Mr. Gillani was the joint candidate of the ruling coalition and had a clear path that was leading to his success without hindrance.
The PTI is well aware of this fact that PPP under an agreement with the PMLN has retained the office of the President of Pakistan, Senate Chairman and Deputy Speaker of the National Assembly. While the PPP with all its support was available to PMLN for holding the office of Prime Minister, Speaker National Assembly and Deputy Chairman of in Senate of Pakistan.
If the PTI takes the matter before the court, it will not be a big deal for the government and its allies. The numerical strength of the ruling alliance was enough to mark its victory if even the court declares the polls as unconstitutional.
Currently in the house of 96 members, 85 senators have been elected so far. The ECP postponed elections on 11 seats of KP under Article 218 (3) of the Constitution of Pakistan and under Section 58 of the Election Act due to the non-administration of oaths of the members on the reserved seats. Why PTI is making it a question of constitutional and unconstitutional is beyond understanding.
However the Prime Minister of Pakistan Mian Muhammad Shehbaz Sharif congratulating the newly sworn-in chairman has stated that that senate elections of the chairman and deputy chairman is a continuation of democratic process in Pakistan. He expressed the hopes that both Mr. Gillani and Syedal Nasir will play their role for the supremacy of the Constitution and development of the country. The PM has also urged the significance of the Senate in supporting federal units and upholding of democratic principles.
Earlier polling was held to elect two senators from Islamabad, 12 from Sindh and five from Punjab while 11 senators from Baluchistan were elected unopposed. Polling for 11 seats of KP in senate was postponed till further order of the ECP. Afterwards voting was done on total 30 senators in Pakistan. Meanwhile the IHC has issued notices to all concerned against PTI’s petition including the ECP.
Earlier the ECP taking action over an application of the opposition members in the KP Assembly has postponed those elections considering that standards of honesty, justness and fairness of election as provided in the in constitution could not be fulfilled as the electoral college of KP’s assembly was not complete due to non-administration of oath of notified members on reserved seats.
While what role KP’s Chief Minister has played in that regard is not hidden from anyone when said that he would not let the members in question take their oath as they were elected in violation of the constitution of Pakistan. He claimed those seats were actually the mandate of PTI.
However the chairman Senate is the president-chair of the upper house and is a presiding official. the Senate choose a chairman and deputy chairman for a time interval of three years. It is high post constitutional post as the Chairman senate during the absence of the President of Pakistan is empowered with the duties of the presidency. The first chairman of the Senate was Habibullah Marwat, while Wasim Sajjad served for the longest term. Afterwards Mr. Sadiq Sanjrani was elected to Senate. He was the first-ever Senate chairman from Baluchistan and Mr. Gillani has assumed this high office.
(Senior Journalist Rana Kashif has authored this opinion)
