ISLAMABAD: The Islamabad High Court (IHC) on Monday dismissed a reserved judgment on whether the PPP’s petition against the election of the Senate chairman was admissible or not.
On Wednesday, the Chief Justice of the Islamabad High Court, Athar Minallah, in his 13-page judgment, said, “the petition against the election of the Chairman Senate is not admissible.”
“It is expected that the decisions of Parliament will be resolved within Parliament and the supremacy of Parliament will be ensured,” the decision added.
Earlier on Wednesday, the Chief Justice of the Islamabad High Court, Athar Minallah, on a petition filed by PPP Senator Yousuf Raza Gilani against the victory of Chairman Senate Sadiq Sanjrani and rejection of seven votes, asked his lawyer Farooq H Naik. After hearing the preliminary arguments, the decision on whether the petition is admissible or not was reserved.
Giving arguments on the petition, Farooq H Naik said that the Senate Secretariat had asked to stamp the ballot paper anywhere in the name box of the candidate while Yousuf Raza Gilani’s vote was rejected by the Presiding Officer because the stamp was on the name of Yousuf Raza Gilani.
During the hearing, Chief Justice Athar Minallah said that what is the constitutional way to remove the Chairman Senate? Farooq Naik told the court that the chairman of the senate could be removed through a no-confidence motion. On which Chief Justice Athar Minallah remarked that if Yousuf Raza Gilani thinks that he has more votes then why he does not bring the no-confidence motion.
Farooq H Naik said that for this we first have to consider Sadiq Sanjarani as the chairman of the senate. We do not even recognize Sadiq Sanjarani as Chairman Senate. The court has to decide whether the rejection of seven votes was correct or not.
The Chief Justice asked under which law the election of the Chairman Senate was held. Did the Election Commission have a role in this?
Farooq Naik while reciting Article 60 of the Constitution before the court said that the President of Pakistan had appointed Senator Muzaffar Shah as the Presiding Officer in the Senate elections. The Election Commission has no role in the election of the Chairman Senate.
The Chief Justice remarked that then how will the right to internal proceedings of Parliament come out of Article 69 of the Constitution? Can the internal proceedings of Parliament be challenged in court?
Farooq HH Naik replied that the rules had nothing to do with ballot papers or votes adding that they are challenging the election, not the procedure in court.