ISLAMABAD: The ruling party Pakistan Tehreek-e-Insaf (PTI) on Sunday announced to expel Uzma Kardar, the Member Provincial Assembly (MPA) from Punjab from the party for having acted in "very irresponsible manner" in connection with infamous audio leak controversy.
In a letter dated July 4, but released only on Sunday, the PTI's Sub-Committee of Standing Committee for Accountability and Discipline informed Kardar regarding the sub-committee's decision to formally expel her from the party.
"This is further to the Show Cause Notice dated June 15, 2020, whereby you were expelled from the party for a period of one month and you were required to reply and to appear before the Sub-Committee of Standing Committee for Accountability and Discipline (SCAD) on June 17, 2020. The hearing was postponed considering illness of your husband due to Covid-19 and it was finally conducted on June 27, 2020," reads the letter jointly written by Zohair Rana and Rukhsana Bhatti, two members of the Sub-Committee of SCAD. "The Sub-Committee SCAD has reviewed your letter received through WhatsAPP on June 18, 2020, and your formal letter addressed to Chairman SCAD Islamabad Central Secretariat and have heard you very carefully and considered the audio clips of your conversation provided to us and shared with you. The Sub-Committee is convinced that being a Member of the Provincial Assembly of Punjab on a reserved seat you have acted in a very irresponsible manner and your conduct is unbecoming of a PTI member therefore you have been expelled from the basic membership of the party. As a consequence you are also not eligible to hold any post or position at the parliamentary level.
You may appeal against this decision to the Appellate Committee if you wish to exercise your right to Appeal within 7 days of this decision," the letter concludes.
It merits mentioning here that Kardar was removed from the position of Punjab government's Spokesperson and Member of Punjab Information Ministry's Media Strategy Committee following the leak of an audio in which Kardar was found to be critical of PTI policies. In the said audio, Kardar can be heard suggesting that the 'establishment' had increased its role in the affairs of the government.
In a video message released on social media then, Kardar had said that the audio was 'manipulated' from her actual conversation to malign her reputation.
In the light of existing electoral laws, Kardar cannot be removed from Punjab Assembly's membership keeping in view that defection clause applies on a lawmaker who quits his/her political party or join another party while Kardar has been expelled from PTI and she did not resign by herself. Apparently, none of the provisions of defection clause applies in Kardar's case.
Article 63 A of the Constitution of Pakistan reads, "63A. Disqualification on grounds of defection, etc.-(l) If a member of a Parliamentary Party composed of a single political party in a House-
(a) resigns from membership of his political party or joins another Parliamentary Party; or
(b) votes or abstains from voting in the House contrary to any direction issued by the Parliamentary Party to which he belongs, in relation to-
(i) election of the Prime Minister or the Chief Minister; or
(ii) a vote of confidence or a vote of no-confidence; or
(iii) a Money Bill or a Constitution (Amendment) Bill;
he may be declared in writing by the Party Head to have defected from the political party, and the Party Head may forward a copy of the declaration to the Presiding Officer and the Chief Election Commissioner and shall similarly forward a copy thereof to the member concerned:
Provided that before making the declaration, the Party Head shall provide such member with an opportunity to show cause as to why such declaration may not be made against him."
Copyright Business Recorder, 2020
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