ISLAMABAD: Three Members of the National Assembly (MNAs) of Pakistan Tehreek-e-Insaf (PTI) elected from the federal capital, Monday, moved the Islamabad High Court (IHC) challenging the acceptance of their resignations.
The PTI MNAs, including former finance minister Asad Umar, Ali Nawaz Awan, and Khurram Shehzad filed the petition in the IHC through Barrister Ali Zafar and Barrister Gohar Khan.
They cited the federal government, the National Assembly speaker, the NA secretary, and the ECP as respondents in the case, and requested the court to suspend the Election Commission of Pakistan (ECP) and the National Assembly speaker’s notification.
In the petition, they stated that on 11-04-2022, en-masse letters were obtained by PTI from 123 members of the National Assembly, including the petitioners, and submitted accordingly.
They added that the petitioners acted on the directions of the party and for the political objective only of arriving at an agreement with the opposition parties for holding of fresh elections so that a new government may be formed with the real mandate of the people of Pakistan, and the nation could be relieved of the current impasse.
The PTI leaders said that the resignation was subject to all the 123 members of the National Assembly belonging to PTI resigning and being de-seated jointly and as a whole.
They further said that then acting Speaker (Deputy Speaker National Assembly, Qasim Suri) accepted the “en masse” resignations on 13.04.2022 but after the deputy speaker’s resignation on 16.04.2022, the new speaker (Respondent No 1) was elected and he, on 16.04.2022, gave a ruling reversing the acceptance of the resignations by the acting speaker (Deputy Speaker Suri) and directed the Secretariat to resubmit the resignations for verification in accordance with the judgments of the superior courts.
They added that the Speaker (Respondent No1) decided to hold an enquiry and verify each resignation by calling each MNA individually to confirm whether they were willing and ready to resign.
Thereafter, it was obvious to the petitioners that for their original resignation to be accepted they will have to go to the Speaker who will call them and thereafter verify.
They argued that after the aforesaid date i.e. 10.06.2022, the Speaker of the National Assembly in violation of the law and on his own started to accept some of the resignations and first of all, on 28.07.2022, Speaker accepted the resignations of 11members (nine elected and two women reserved seats) without following any due enquiry or verification under Article 64.
“The resignations were forwarded to ECP on 28.07.2022 in terms of Rule 43 of the Rules of Procedure and Conduct of Business in the National Assembly 2007, whereupon ECP, vide notification dated 29.07.2022, de-notified those eleven MINAs. In doing so the Speaker did not follow the requirements of Article 64 as laid down by the Superior Courts of Pakistan, for acceptance of resignations,” maintained the petitioners.
They contended that the action of the Speaker was illegal and unlawful and, accordingly, the aforesaid actions and omissions of 28-07-2022 were first assailed in writ petition (WF No2892/2022) before this court by PTI and the PTI prayed that the decision of the acting Speaker notified vide order 13.04.2022 was valid and that the decision of the Speaker reversing the same is wrong and it was further prayed that the Speaker should notify all the 123 resignations of PTI MNAs en bloc without a need for verification/calling them. The legal point involved in the case was whether the process adopted by the Respondent.
They adopted the stance that soon thereafter, some further political developments also took place including the two provincial assemblies were dissolved on 14.01.2023 and 17-01-2023 and steps were taken to appoint a caretaker set up.
“In view of the aforesaid development, PTI announced that “their MNAs were going to take their seats soon in the National Assembly and would demand their office of Leader of the Opposition, Chairman Public Accounts Committee, etc.
Just to counter that, on 17-01-2023 Speaker National Assembly once again unlawfully accepted without verification, the resignation of 35 MNAs including the petitioners hereinafter referred to as “impugned resignation notification”). Acting pursuant thereto, ECP also issued the Notification de-notifying those 35 MNAs including the Petitioner on 17-01-2023,” said the PTI leaders.
They contended that for the mala fide purpose of disabling, inter alia, the petitioners from attending the Parliament, participating in its proceedings and, claiming their rightful place as Leader of the Opposition, and chairmanship of the Public Accounts Committee etc, the Speaker decided to accept the resignations in violation of the law and without verification as aforesaid.
Therefore, they prayed to the court to hold and declare that the resignations have been accepted in violation of the law settled by the Supreme Court as inter alia referred to in the grounds and are thus unlawful, illegal and of no legal effect.
They continued that as a consequence of the aforesaid, set aside both impugned notifications 17-01-2023 as unlawful, illegal and without lawful authority and of no legal effect and thus, void on rights of the petitioners as Members of the National Assembly.
They also requested the court to direct that the impugned notifications shall remain suspended till the final disposal of the titled petition and/or suspend the remaining process of by-elections on the aforesaid seats.
Copyright Business Recorder, 2023
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