The Supreme Court noted that political alliances are not hidden, and democracy will remain a dream unless the current voting method changes.
The Supreme Court was listening to the presidential reference seeking open ballot in the upcoming Senate elections.
The reference was heard by a judicial body larger than five members, headed by the Chief Justice of Pakistan, Judge Gulzar Ahmad and comprising Judges Moshir Alam, Omar Ata Bendial, Ijaz Al-Ahsan and Yahya Afridi.
The court noted that the continuation of the prevailing system for Senate elections amounted to permitting elected representatives to violate the discipline of their parties.
Judge Ahmed said that Pakistan’s electoral system is stuck in one place and the country cannot move forward even one day since the 1973 constitution was passed, according to The News.
Judge Pandial said that a good democracy needs strong political parties, adding that if the secret ballot method continues, parliamentarians will continue to violate party discipline.
The Supreme Court was informed that the purpose of the secret ballot is not only to preserve the sanctity of the vote, but also to protect the secrecy of the voter.
Rida Rabbani continued his arguments, saying that all elections were held in accordance with the constitution, and in accordance with Article 226 of the constitution, the elections, with the exception of the prime minister and prime ministers, are held by secret ballot.
He said that making the ballot paper identifiable violates the spirit of Article 226 of the constitution which stipulates that all elections except for the prime minister and prime minister should be held by secret ballot.
He claimed that the deep state would blackmail the senators and the House of Representatives. It is true that the ballot papers were sealed at the polling stations, Rabbani said, but it is also easy for the deep state to access the ballot papers.
Judge Bendial told Rabbani that the system he wanted to continue with would boost individual heroism. Rabbani claimed that all elections were held under the constitution and the court will have to bear in mind that all elections under the constitution will be conducted by secret ballot.
The judge asked Ahsan if this would not be a violation of proportional representation when party strength is not reflected in the Senate election. Rabbani said that the Senate elections were not mathematical equations but rather a political issue and that the calculations remain different in mathematics and the Senate elections.
Judge Ahsan said that if something illegal was done, it was the constitutional mandate of the PEC to investigate
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