Making sense: Article 63 A after the 18th amendment
Article 63 A deals with disqualification on grounds of defection.
LAHORE:
Article 63 A deals with disqualification on grounds of defection.
If a member of a parliamentary party resigns from his political party or joins another party, votes or abstains from voting in the house contrary to a direction issued by the parliamentary leader to which he/she belongs in relation to election of the leader of the house, vote of confidence or a vote of no confidence or a money bill or a constitutional amendment bill he may be declared, in writing by the party head, to have defected from the party.
The party head may forward a copy of the declaration to the presiding officer (speaker) and the chief election commissioner (CEC) simultaneously and shall similarly forward a copy to the member concerned.
Before making the declaration, the party head shall provide such member with an opportunity to show cause as to why such declaration may not be made against him.
Sub article 3, upon receipt of the declaration speaker shall within two days refer it to CEC and in case he fails to do so it shall be deemed that he has referred the declaration to chief election commissioner who shall lay the declaration before the election commissioner for its decision and shall confirm declaration within 30 days and his/her seat shall become vacant.
Sub article 5, the party aggrieved by the decision of election commissioner can within 30 days appeal to the Supreme Court.
Published in The Express Tribune, February 22nd, 2011.
Article 63 A deals with disqualification on grounds of defection.
If a member of a parliamentary party resigns from his political party or joins another party, votes or abstains from voting in the house contrary to a direction issued by the parliamentary leader to which he/she belongs in relation to election of the leader of the house, vote of confidence or a vote of no confidence or a money bill or a constitutional amendment bill he may be declared, in writing by the party head, to have defected from the party.
The party head may forward a copy of the declaration to the presiding officer (speaker) and the chief election commissioner (CEC) simultaneously and shall similarly forward a copy to the member concerned.
Before making the declaration, the party head shall provide such member with an opportunity to show cause as to why such declaration may not be made against him.
Sub article 3, upon receipt of the declaration speaker shall within two days refer it to CEC and in case he fails to do so it shall be deemed that he has referred the declaration to chief election commissioner who shall lay the declaration before the election commissioner for its decision and shall confirm declaration within 30 days and his/her seat shall become vacant.
Sub article 5, the party aggrieved by the decision of election commissioner can within 30 days appeal to the Supreme Court.
Published in The Express Tribune, February 22nd, 2011.