Members of National and Provincial Assemblies opting to defect from their parliamentary parties will have to face disqualification under the law. Article 63 of the Constitution clearly provides that 'any member defecting from Parliamentary Party will have to face the course of law which leads to disqualification'.
Sources in the Election Commission also referred to this provision of the Constitution and said, anybody desiring to leave a party, shall have to resign from the party as well as from National or Provincial Assembly seat, and contest polls afresh from the platform of the party to which he or she desires to join.
"Joining a party, other than the one to which a member belongs, or on whose party ticket he or she had won the polls, is not allowed under the Constitution", the sources said.
"The members of the National as well as Provincial Assemblies, defecting from their parties, will face disqualification," the sources added. Article 63 A of the Constitution clearly defines the provisions about defection like following: "63A. (1) If a member of a Parliamentary Party composed of a single political party in the House;
a) resigns from membership of his party or joins another 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.
Elaborating further about the action against such member this Article provides that such a member may be declared in writing by the head of the Parliamentary Party to have 'defected,' from the political party, and the head of the Parliamentary Party may forward a copy of the declaration to the Presiding Officer (Speakers of National and Provincial Assemblies and Chairman Senate), and shall similarly forward a copy thereof to the member concerned.
On receipt of declaration, the Presiding Officer shall, within two days, send this declaration to Chief Election Commissioner for its decision thereon confirming the declaration or otherwise within 30 days.
If the Election Commission upholds the declaration, the member shall cease to be the member of a House and his seat shall become vacant and any party aggrieved by the decision of the Election Commission, may within 30 days, prefer an appeal to the Supreme Court which shall decide the matter within three months from the date of filing of appeal.
This Article also provides that the head of the Parliamentary party, before making the declaration to the Presiding Officer, shall provide an opportunity to show cause as to why such declaration may not be made against him.
When asked about formation of forward bloc within a political party, the Election Commission sources said, "the law was silent on it." During the previous Parliament, there had been couple of examples of changing party affiliations although the members adopted the course defined in the Constitution.
The Constitution and the Election Commission of Pakistan are very clear of the defection provisions, and anybody desiring to join another party other than the actual one, shall have to resign from the existing party membership as well as the National or Provincial Assemblies seats, if he or she is a member. Otherwise, such member would face disqualification.
Comments
Comments are closed.