IHC reserves judgment on the maintainability of the petition challenging chairman Senate polls

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ISLAMABAD, March 24 (Online): Chief Justice (CJ) Islamabad High Court (IHC) Athar Minallah has reserved judgment on the maintainability of petition filed by Syed Yousuf Raza Gillani against chairman Senate election after hearing the arguments of the lawyers.

Farooq H Naik, counsel for Syed Yousuf Raza Gillani appeared in the court Wednesday.

The CJ IHC inquired during the hearing of the case is there no participation of election commission in chairman Senate election.

Farooq H Naik told the court “yes election commission has no role in chairman Senate election.

The court inquired the inside proceedings of the parliament can be challenged in the court.

The defence counsel told the court if any irregularity is committed in procedure it can not be challenged in the court. There is nothing in rules about ballot papers or vote. Rules are silent in this regard. Chairman Senate election took place on March 12 and Sadiq Sanjrani was declared chairman therein. The defeat of Yousuf Raza Gillani was announced after rejecting 7 votes. The presiding officer rejected the votes for stamping the name of the candidate in the respective box .

The court inquired under what law these election has taken place.

The defence counsel told the court these elections were held under article 60 of the constitution.

The court directed Farooq H Naik to read out article 60 of the constitution.

The defence counsel told the court the president appointed Syed Muzaffar Hussain Shah from GDA as presiding officer in the election.

The court inquired was any one from election commission included in this process.

The defence counsel told the court no one from election commission was included in this process. How will the vote be marked, it is not mentioned in the rules.

The court remarked parliament proceedings is exempted; How can we go outside article 69.

The defence counsel told the court election of chairman Senate is not parliament proceedings. We were asked by the presiding officer to affix stamp any where in the box. We gave affidavit stamp was affixed in the box either it was affixed on the name in the box or on the name of Syed Yousuf Raza Gillani. The presiding officer said the court can be resorted to against his decision for rejecting the votes.

The court inquired it should be told under what law the election of chairman Senate were held.

Farooq H Niak told the court chairman Senate election was held under article 60 of the constitution.

The CJ IHC inquired “ Naik Sahb has any court heard such type of case ever before.

The defence counsel told the court this is for the first time chairman Senate election has been challenged. Whatever decision is given by you will be historical decision. We have filed affidavits of our senators. Parliament business or procedure is not included in March 12 chairman senate election. I am challenging election rather than procedure. Chairman senate polls in not part of procedure or rules of business. Secretary Senate directed stamp can be affixed anywhere in the box.
Saeed Ghani, Sherry Rehman and I have filed affidavit in the court that secretary senate asked us to affix stamp anywhere in the box. On the directives of secretary senate we asked out senators to affix stamp anywhere in the box.

Ends/Online