A constitutional petition challenging the elections of the Speaker and the Deputy Speaker of the National Assembly through a power sharing formula was filed in the Supreme Court on Saturday.
Shahid Orakzai filed the petition under Article 184(3) making the PML-N, the Pakistan People's Party Parliamentarian, the NA secretary general, and the Chief Election Commissioner as respondents.
The petition prayed the court to declare that no person or group of persons outside the Parliament can interfere with the elections of the Speaker and the Deputy Speaker of the National Assembly or a provincial assembly or determine their political identity.
The petitioner also requested the court to declare that the office of the Speaker of an assembly cannot be politicised as part of any power sharing arrangement between political parties on the floor.
He prayed the court to instruct the NA secretary general that the first session of the National Assembly after the general elections must follow the Constitutional priorities cited in Article 56. The petitioner also prayed to the apex court to stay the election of the NA Speaker till the decision of the court.
The petition asked whether the political identity of the NA Speaker can be prefixed by anyone outside the National Assembly. The petition asked whether any group of citizens outside the Parliament can impose a timetable on the National Assembly.
The petitioner submitted that on March 9, Pakistan Muslim League (Nawaz) held a meeting with the combined team of Pakistan People's Party Parliamentarian to evolve a joint strategy to form coalition governments in the National Assembly and Punjab Assembly.
The question arises whether the Constitution which guarantees provincial autonomy, allows any bargaining between two or more political parties wherein two governments are formed by give and take in the NA and PA, the answer is 'no', said the petitioner, adding that the autonomy of the province cannot be bargained for any advantage to a political party outside the province.
He submitted that under the six-point plan announced at a joint press conference, it was further agreed that the Speaker and the Deputy Speaker of the National Assembly shall be from PPP while the Speaker and the Deputy Speaker of the Punjab Assembly shall be from PML-N.
Orakzai, in the petition, said that the Constitution does not impose any restriction on any member-elect of the National Assembly or provincial assembly as far election to the office of Speaker or the Deputy Speaker is concerned.
He also informed the court that the three parties have also agreed to restore some judges of the Supreme Court and high courts who were on the bench before November 3, 2007 through a resolution of the National Assembly within 30 days of the formation of the federal government.
He submitted that this petition does not question the power of the National Assembly to pass any resolution within the framework of rules of the Assembly and the federal and the concurrent legislative lists.
He, however, said if the office of the Speaker of the National Assembly is allotted to a specific political party with an understanding that a certain objective is to be achieved within a deadline, the passage or adoption of any resolution would not be in line with the Constitution. He submitted that the Constitution, the law and the rules of the assembly don't give any right to any political party or a parliamentary party thereof to nominate a member as the Speaker or the Deputy Speaker.