ISLAMABAD: A division bench of the Islamabad High Court (IHC) on Thurs­day reserved the judgement on a petition filed by Syed Yousaf Raza Gilani challenging the election of Sadiq Sanjrani as Senate chairman.

The IHC division bench, comprising Justice Aamer Farooq and Justice Tariq Mehmood Jahangiri, will announce the judgement on Friday (today).

Mr Gilani, who also contested for the office of Senate chairman, had been declared unsuccessful as the presiding officer of the election had rejected seven votes cast in his favour.

Mr Gilani had received 42 valid votes, while Mr Sanjrani bagged 48 votes and won the election. In total, 98 senators had voted in the election.

Gilani lost the contest after presiding officer rejected seven votes cast in his favour

Initially, IHC Chief Justice Athar Minallah had dismissed the petition filed by Mr Gilani against the result of the election of the Senate chairman saying that the court could not interfere into parliamentary proceedings.

Mr Gilani then filed the appeal with a division bench of the IHC.

Mr Sanjrani’s lawyer, Syed Ali Zafar, argued in the court that the Supreme Court in the case of Azhar Saddiq intervened as it had been different in nature and was related to disqualification of Mr Gilani who had been convicted by the Supreme Court in a contempt of court case.

He further argued that the Speaker of the National Assembly had refused to send the matter of disqualification of Mr Gilani to the Election Commission of Pakistan (ECP).

He said the Supreme Court had observed that it was not the authority of the Speaker to give such rulings and then the top court itself sent the matter to the ECP.

Advocate Farooq H. Naek, counsel of Mr Gilani, on the other hand argued that procedure for election of the Senate chairman had been laid down in Rule 09 of the Rules of Procedure and Conduct of Business of Senate, 2012, and there was no methodology on marking at the ballot paper.

The counsel for the petitioner further said the presiding officer had acted in a biased and mala fide manner as he had refused to pass a speaking order and failed to take notice of the guidelines provided to him by the Senate Secretariat staff.

In the instant case there was even no irregularity of procedure as no procedure had been described in the Constitution of Pakistan or Rules of Procedure and Conduct of Business of Senate, 2012, he argued.

Published in Dawn, April 1st, 2022