He lost the election to Sanjrani despite opposition's majority
The Islamabad High Court rejected on Wednesday Senator Yousuf Raza Gillani’s petition against the March 12 Senate chairman election.
Gillani, who was backed by the opposition alliance, lost the election to Sadiq Sanjrani by six votes. The opposition had the support of 51 senators, while the government was backed by 47 members.
Seven votes polled in favour of Gillani were rejected by the presiding officer. The PPP senator had filed a petition against the election and vote rejection in the IHC.
The case was heard by IHC Chief Justice Athar Minallah. The petition said that Gillani should be declared Senate chairman as seven votes in his favour were rejected illegally.
The notification issued on March 12 should be suspended, it read. But the court ruled that the petition was not maintainable.
“The grievance of the petitioner exclusively pertains to questioning the validity of proceedings of the upper House of the Majlis-e-Shoora (Parliament) and thus it is immune from interference by this Court under Article 69 of the Constitution,” the verdict read.
“The process of election to the office of Chairman of the Senate of Pakistan is definitely not administrative in nature,” it said. “It is rather a formal transaction of business of the upper House and can be fairly described as its internal proceedings. The entire process is thus wholly outside the corrective jurisdiction of a High Court.”
The court said the petition was neither maintainable nor the court was inclined to exercise its extraordinary jurisdiction under Article 199 of the Constitution by issuing notices.
“This Court expects that, in order to maintain the dignity, integrity and independence of Majlis-e-Shoora (Parliament), the chosen representatives and political leadership will endeavour to resolve disputes without involving the judicial branch of the State.”