ISLAMABAD: Former prime minister Yousuf Raza Gillani, who was the joint candidate for senate chairman of an 11-party opposition alliance, on Monday challenged the results of the election in the Islamabad High Court (IHC), Pakistani media reported.
The government’s candidate Muhammad Sadiq Sanjrani on March 12 defeated Gillani, who got 42 votes against Sanjrani’s 48.
In seven ballot papers, the stamp was affixed on the name of the candidate rather than in a box alongside the name, the presiding officer had said after the election, ruling that he was rejecting those seven votes for breaking rules. All seven votes had been for Gillani. On one more ballot paper, which was rejected, a voter stamped the names of both candidates instead of one.
The senate chairman’s election was also marred by opposition leaders’ allegations they had found “hidden” cameras in a polling booth ahead of voting.
“The high court has accepted the petition, and IHC Chief Justice Athar Minallah will preside over the hearing scheduled for March 24 (Wednesday),” Pakistan’s Dawn newspaper reported. “The petition urged the IHC to declare the results of the election as well as the decision to make Sadiq Sanjrani the Senate chairman ‘null and void’.”
The petition called upon the IHC to declare the rejection of the seven votes for Gillani unlawful and return him as a candidate for the office of the senate chairman.
“The petition stated that the rejection of the seven votes which were ‘unambiguously and unequivocally casted in the favor of the petitioner’ was illegal and unlawful. It argued that the result of the election was ‘contrary to the law and the Constitution’ thus it should be set aside,” Dawn reported.
The petition argued that the presiding officer and the senate secretary had shown their actions to be “malafide“: “[They] had unequivocally allowed casting of vote through stamping in the box of the desired candidate and specified no place where the stamp had to be affixed yet when it came to counting of the votes, seven votes were rejected ... The arbitrary rejection of votes is an attempt to disenfranchise the representatives of the people of Pakistan, it is an attempt to steal the elections with the use of the election machinery itself. This conduct is contrary to Article 19 of the Constitution and if kept unchecked will be tantamount to the collapse of the very basic tenants and structure upon which our Constitution is based.”
The petition also argued that the rejected votes showed that the seven legislators had intended to only vote for Gillani.
The ruling coalition in senate currently has 27 members of the ruling Pakistan Tehreek-e-Insaf, 12 of the Balochistan Awami Party, three of the Muttahida Qaumi Movement, three independents and one each of the Pakistan Muslim League (Quaid) and the Grand Democratic Alliance.
Opposition senators are 21 from the Pakistan Peoples Party, 17 from the Pakistan Muslim League-Nawaz, five from the Jamiat Ulema-e-Islam (Fazl), two each from the Awami National Party (ANP), Balochistan National Party (Mengal), The Pashtunkhwa Milli Awami Party and National Party and one from the Jamaat-i-Islami.
The opposition collectively has 52 members in the house, against 47 senators from the ruling coalition, with the difference between the vote bank of the government and the opposition narrowed down to four.
Earlier this month, Pakistani Prime Minister Imran Khan sought, and won, a vote of confidence from parliament in a session marked by an opposition boycott of the vote and clashes between government supporters and opposition leaders outside the parliament building.
Khan was able to secure 178 votes, against the 172 required to win confidence, the speaker of the house announced.
Khan, who became prime minister following the 2018 general elections, volunteered to seek parliament’s confidence after the government’s finance minister lost a key senate seat election to Gillani.
Opposition parties boycotted the session, saying the senate seat defeat was enough to show that Khan no longer enjoyed the confidence of the house, and the vote of confidence was unnecessary.