ISLAMABAD (mnm.com.pk): The Islamabad High Court (IHC) has accepted Yousuf Raza Gilani's intra-court appeal against the Senate elections for a formal hearing.
The High Court issued notice on the appeal and sought reply from the Chairman Senate, Secretary Senate, and the Federation on September 27. Notices were also issued to the Secretary Law, Secretary Parliamentary Affairs and the Presiding Officer.
A two-member bench headed by Justice Amir Farooq heard the intra-court appeal on Wednesday, April 14. Yousuf Raza Gilani's lawyer Farooq Naik termed the appeal as admissible and said that the Senate elections were not held under the Election Act but in accordance with it. With the Constitution of Pakistan. The Senate has made rules under Article 67 and the election of the Chairman is mentioned in Rule 9. The rules and regulations governing the election of the Chairman of the Senate are also silent. The President of Pakistan appointed Muzaffar Hussain Shah as the Presiding Officer and also wrote the procedure at the time of voting that the box should be sealed but at the time of counting our 7 votes were rejected.
The court remarked that the single bench had rejected your application and did not mention its merits. Justice Amir Farooq asked, "How do you view it under Article 69?"
In reply, Farooq Naik said that Article 69 protects the proceedings of the Senate and the election of the Chairman of the Senate does not fall under the purview of the Senate while irregularities in the election of the Chairman of the Senate can be challenged.
Farooq Naik further argued that Syed Muzaffar Hussain Shah did not have the authority to conduct the proceedings of the Senate.
Justice Amir Farooq asked whether Muzaffar Hussain Shah himself could cast his vote. Farooq Naik replied that Muzaffar Hussain Shah could not cast his vote but he did.
Justice Amir Farooq asked what the single bench said when there was an alternative forum. Farooq Naik said that there was no other forum in this matter. The single bench relied on Article 53 and spoke of an alternative forum. Bringing a no-confidence motion means recognizing the current chairman and we are not saying that the chairman should be removed now, we are here with 7 rejected votes.
Justice Tariq Mehmood Jahangri asked whether this has also happened in the election of Deputy Chairman. Farooq Naik said that some votes were also rejected in this election.
After hearing the arguments, the court allowed a formal hearing of Yousuf Raza Gilani's intra-court appeal.
It may be recalled that on April 8, Yousuf Raza Gilani, Leader of the Opposition in the Senate, had filed an intra-court appeal against the Senate elections.
