ISLAMABAD: 01, MARCH, 2021: The Supreme Court of Pakistan (SCP) on Monday has announced its opinion on the presidential reference over Senate polls, saying that the forthcoming Senate elections will be held through the secret ballot under the Article 226 of the constitution of Pakistan and all institutions should assist Election Commission of Pakistan (ECP) in holding the elections.

The majority opinion (4-1) of the apex court, Senate elections are held in accordance with the law and the Constitution (Article 218). 

SC stated that "It is the responsibility of the Election Commission of Pakistan (ECP) to protect the election from corruption." 

The opinion was announced by a five-member bench headed by Chief Justice Gulzar Ahmed.

On Thursday, the Supreme Court of Pakistan had reserved its opinion regarding the presidential reference on mode of balloting in the Senate election.  A five-judge larger bench consisting Justice Mushir Alam, Justice Umar Ata Bandial, Justice Ijazul Ahsan and Justice Yahya Afridi pronounced the reserved opinion.

After completion of the arguments of the lawyers, Attorney General Khalid Javed argued that "The presidential reference is not based on a political question, but it seeks interpretation of the Article 226." 

"Will the supreme court’s opinion will be final," Justice Yahya Afridi, who disagreed with the majority opinion, asked. 

“The government will be bound to the court’s opinion," AG said. 

The federal government had filed the presidential reference seeking the Supreme Court's opinion as to whether the Senate elections will be held under Article 226 of the Constitution or under the Election Act 2017. (04)