ECP unlikely to decide PM disqualification pleas
Poll supervisory body may ask petitioners to approach speaker
Poll supervisory body may ask petitioners to approach speaker. PHOTO: AFP
ISLAMABAD:
Election authorities are apparently deliberately keeping all references seeking disqualification of the prime minister and some lawmakers in abeyance till new members are appointed to complete the Election Commission of Pakistan (ECP), The Express Tribune has learnt.
On Friday, the Pakistan Tehreek-e-Insaf (PTI) filed a disqualification reference in the ECP against Prime Minister Nawaz Sharif, accusing him of concealing his assets. The Pakistan Peoples Party (PPP) plans to submit a similar petition next week.
However, the apex poll supervisory body has not conducted any proceedings and instead asked all the petitioners to appear after July 18 for preliminary hearings of their cases.
Since four of ECP members retired on June 12, the dates are being given in anticipation that their replacements will be appointed by then. Under law, the offices of chief election commissioner and any of the other four members should be filled within 45 days of the retirement of their holders.
Referring to speaker
Even though the scheduled preliminary hearings are three weeks away, the ECP has chosen not to inform the petitioners that they should first approach speakers of the respective assemblies.
PTI joins PPP in seeking PM’s disqualification through ECP
ECP sources say the law for disqualification is clear and the ECP secretary could have conveyed it to petitioners, just like the Supreme Court registrar does in matters of disqualification, to save time when proceedings formally begin.
According to Subsections 2 of Article 63 of the Constitution, any reference seeking disqualification of an elected representative should come through the office of speaker. Once filed, a speaker has 30 days to decide whether the petition requires further action through the ECP or should be discarded. If the speaker fails to act on the petition within 30 days, it is deemed to have been referred to the ECP.
“The Election Commission shall decide the question within 90 days from its receipt or deemed to have been received and if it is of the opinion that the member has become disqualified, he shall cease to be a member and his seat shall become vacant,” states Subsection 3 of Article 63.
Sources in the ECP told The Express Tribune that it is likely that once the four members of the commission are appointed and undertake the preliminary hearings, they will ask these petitioners to approach the speaker’s office, delaying the entire process.
Amid allegations Dispute over PTI’s women wing president solved
In addition to the reference against Premier Nawaz, the PTI has a petition pending in the ECP against the prime minister’s son-in-law, Captain (retd) Safdar.
Meanwhile, the Awami National Party has filed three counter-references against PTI lawmakers – a senator and two MPAs – from Khyber-Pakhtunkhwa. Bushra Gohar, central vice president of the ANP, filed a reference against PTI Senator Liaquat Khan accusing him of concealing offshore companies which have been revealed in the Panama Papers, a charge that Nawaz and Capt (retd) Safdar also face.
She has appealed to the CEC to put PTI MPAs Muhammad Ali and Shahram Khan in the same dock for proposing and seconding Senator Khan’s nomination to the upper house of parliament.
Given the past record of ECP’s decisions in references against such high-profile people, the commission is unlikely to take any drastic decision on its own, sources add.
Published in The Express Tribune, June 27th, 2016.
Election authorities are apparently deliberately keeping all references seeking disqualification of the prime minister and some lawmakers in abeyance till new members are appointed to complete the Election Commission of Pakistan (ECP), The Express Tribune has learnt.
On Friday, the Pakistan Tehreek-e-Insaf (PTI) filed a disqualification reference in the ECP against Prime Minister Nawaz Sharif, accusing him of concealing his assets. The Pakistan Peoples Party (PPP) plans to submit a similar petition next week.
However, the apex poll supervisory body has not conducted any proceedings and instead asked all the petitioners to appear after July 18 for preliminary hearings of their cases.
Since four of ECP members retired on June 12, the dates are being given in anticipation that their replacements will be appointed by then. Under law, the offices of chief election commissioner and any of the other four members should be filled within 45 days of the retirement of their holders.
Referring to speaker
Even though the scheduled preliminary hearings are three weeks away, the ECP has chosen not to inform the petitioners that they should first approach speakers of the respective assemblies.
PTI joins PPP in seeking PM’s disqualification through ECP
ECP sources say the law for disqualification is clear and the ECP secretary could have conveyed it to petitioners, just like the Supreme Court registrar does in matters of disqualification, to save time when proceedings formally begin.
According to Subsections 2 of Article 63 of the Constitution, any reference seeking disqualification of an elected representative should come through the office of speaker. Once filed, a speaker has 30 days to decide whether the petition requires further action through the ECP or should be discarded. If the speaker fails to act on the petition within 30 days, it is deemed to have been referred to the ECP.
“The Election Commission shall decide the question within 90 days from its receipt or deemed to have been received and if it is of the opinion that the member has become disqualified, he shall cease to be a member and his seat shall become vacant,” states Subsection 3 of Article 63.
Sources in the ECP told The Express Tribune that it is likely that once the four members of the commission are appointed and undertake the preliminary hearings, they will ask these petitioners to approach the speaker’s office, delaying the entire process.
Amid allegations Dispute over PTI’s women wing president solved
In addition to the reference against Premier Nawaz, the PTI has a petition pending in the ECP against the prime minister’s son-in-law, Captain (retd) Safdar.
Meanwhile, the Awami National Party has filed three counter-references against PTI lawmakers – a senator and two MPAs – from Khyber-Pakhtunkhwa. Bushra Gohar, central vice president of the ANP, filed a reference against PTI Senator Liaquat Khan accusing him of concealing offshore companies which have been revealed in the Panama Papers, a charge that Nawaz and Capt (retd) Safdar also face.
She has appealed to the CEC to put PTI MPAs Muhammad Ali and Shahram Khan in the same dock for proposing and seconding Senator Khan’s nomination to the upper house of parliament.
Given the past record of ECP’s decisions in references against such high-profile people, the commission is unlikely to take any drastic decision on its own, sources add.
Published in The Express Tribune, June 27th, 2016.