Intra court appeal by Yousuf Raza Gillani against chairman senate election admitted for hearing


ISLAMABAD, April 14 (Online): Intra court appeal of Yousuf Raza Gillani against the chairman Senate election has been admitted for hearing by Islamabad High Court (IHC).

The court has summoned reply from chairman Senate, Federation, and secretary Senate on April 27 besides issuing notice to law secretary, secretary for parliamentary affairs and presiding officer.

A two members bench of IHC took up the case for hearing Wednesday.

Farooq H Naik counsel for Yousuf Raza Gillani appeared before the court.

Farooq H Naik argued rules are silent over the election chairman Senate. Even constitution is silent over the election of chairman Senate. President appointed Muzaffar Hussain Shah as presiding officer in the election. The procedure was also written at the time of voting that stamp has to be affixed inside the box. Our seven votes were rejected at the time of counting.

Justice Amir Farooq inquired what the single bench said on the presence of alternative forum.
Farooq H Naik said no other forum is there in this case. Relying on article 53 of the constitution, the single bench talked of alternative forum.

The court remarked did the single bench not make mention of merit while rejecting your plea.

The court inquired “ tell us how should we see it under article 69.

Farooq H Naik told the court article 69 protects senate proceedings. chairman senate election does not fall in proceedings of the house. The irregularity in chairman senate election can be challenged. Syed Muzaffar Hussain Shah has no powers to run the proceedings of the house. His powers were only to conduct election. Any decision of Muzaffar Hussain Shah cannot be called proceedings of the house.

The court inquired could Muzaffar Hussain Shah cast vote by himself.

Farooq H Naik told the court Muzaffar Hussain Shah could not cast the vote but he cast vote. Bringing vote of no trust means accepting the sitting chairman of the Senate. We don’t say that chairman be removed only but we have come here after having been aggrieved over by rejection of seven votes.

Justice Tariq Mehmood Jahangiri inquired has it been done so in the election of deputy chairman.

Farooq H Naik told the court some votes were rejected in this election too.

The court while admitting the intra court appeal by Syed Yousuf Raza Gillani against chairman senate election for hearing issued notice to the parties concerned.