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08-07-2016, 05:46 AM
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PML-N reference to land in ECP after a month
ISLAMABAD: The reference filed by the Pakistan Muslim League-Nawaz (PML-N) with Speaker Sardar Ayaz Sadiq, seeking disqualification of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan as member of the National Assembly (MNA), will stand automatically referred to the Election Commission of Pakistan (ECP) for adjudication, if he failed to take a decision on it within thirty days of its submission.
However, under the Constitution the speaker has the power to trash the reference on the ground that the claims made in it do **t justify ouster of Imran Khan. After the reference will either automatically go to the ECP following the lapse of thirty days in case of ** decision by the speaker or Ayaz Sadiq will choose to send it to the electoral forum, the ECP is bound to pass its judgment upon it within ninety days. Clause 2 of article 63 says if any question arises whether a lawmaker has become disqualified from being a legislator, the speaker shall, unless he decides that ** such question has arisen, refer the question to the ECP within thirty days, and if he fails to do so within this period, it shall be deemed to have been referred to the ECP. According to clause 3, the ECP shall decide the question within ninety days from its receipt or deemed to have been received and if it is of the opinion that the legislator has become disqualified, he shall cease to be a lawmaker and his seat shall become vacant. As per the case law in which these provisions were interpreted by superior courts, the speaker is required to “apply his mind” while deciding the question of disqualification. In this process, he will call to come clean on such a question. Imran Khan has declared that he will **t appear before the speaker, if summoned, as Ayaz Sadiq has **thing to do with the matter. However, as the PTI’s “movement for accountability” will go on according to its schedule, the speaker will repeatedly ask Imran Khan in writing to present himself before him to give his side of the story on the assertions made in the reference. He will also call the complainants to prove their allegations against the defendant. If the speaker sits on the reference and the petition finally lands in the ECP as prescribed by the Constitution, the electoral body will have a**ther high profile case to decide. Already, it has the separate references, bunched together, filed by the PTI and Pakistan People’s Party (PPP) with it on which it has kicked off proceedings. Article 63 gives a long list of disqualifications that debar the contestants from being elected as federal or provincial legislator. Objections can be made against them at the time of filing **mination papers by referring to these ineligibilities. But questions pointing out such disqualifications can also be raised anytime even after they have been elected. Spewing out his ire over the PML-N move, Imran Khan questioned why the government slept over the charges against him for three years and did **t point them out during this period. However, under the Constitution there is ** embargo to raise such questions at any stage. Barring an exception, the speakers had generally been shy of taking decisions on the disqualification references. Only Fakhar Imam had sent a reference against dozens of ruling MNAs way back in the eighties for having formed a political party after their election on party-less basis in 1985. Before the ECP had taken any decision on his reference, the prime minister of the time, Mohammad Khan Junejo, had ousted Fakhar Imam and replaced him with Hamid Nasir Chattha. However, in 2012, PPP Speaker Dr Fehmida Mirza had struck down the plea to unseat her Prime Minister Yusuf Raza Gilani despite his conviction till the rising of court - about 37 seconds - by the Supreme Court for contempt of court. However, her five-page ruling was challenged by Imran Khan and PML-N leaders in the apex court, which had nullified her decision and ousted Gilani. She had held that ** question of Gilani’s disqualification from being an MNA arises under article 63(2). The judicial order had explained why the court did **t consider the speaker’s ruling sufficient and said her order was **t covered by the definition of parliamentary proceedings. Therefore, the court is **t debarred from inquiring into her ruling of May 25, 2012. أكثر... ??????? ??????: PML-N reference to land in ECP after a month || ??????: ahlam1399 || ??????: اسم منتداك
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