PTI dissidents saved from being de-seated as ECP rejects reference

CEC says Article 63-A of the Constitution does not apply to 20 dissident MNAs

ISLAMABAD:

The Election Commission of Pakistan (ECP) on Wednesday dismissed the Pakistan Tehreek-e-Insaf’s (PTI) reference against its 20 defecting members of the National Assembly (MNAs) under Article 63-A of the Constitution, for lack of substantial evidence.

A three-member ECP bench, headed by Chief Election Commissioner Sikandar Sultan Raja, heard the case. The CEC read out the verdict, which was earlier reserved, saying that no substantial evidence was given against the defecting members in the reference.

Last month, the then acting speaker, Qasim Suri had sent the reference to the ECP against Raja Riaz, Noor Alam Khan, Farrukh Altaf, Ahmed Hussain Dehar, Qasim Noon, Ghaffar Wattoo, Sami Gilani, Mubeen Ahmed, Basit Bukhari, Amir Gopang, Amjad Khosa, Riaz Mazari, Jawariya Aheer, Wajiha Qamar, Nuzhat Pathan, Ramesh Kumar, Amir Liaquat, Asim Nazir, Sher Wasir and Afzal Dhandla.

The reference, which stemmed from the success of the no-confidence motion against former prime minister Imran Khan, had requested the ECP to de-seat the dissident members over floor-crossing under Article 63-A of the Constitution.

Announcing a unanimous decision, the CEC said that Article 63-A did not apply to dissident members. Earlier, the ECP refused to entertain an application by the PTI seeking to present additional records regarding the reference.

During the hearing, Barrister Gohar Khan, the counsel for Noor Alam Khan, argued that in response to the PTI’s show-cause notice, his client made it clear that he was a member of the PTI and he never intended to leave the former ruling party.

The party later said that he would not vote on the no-confidence motion, which would prove that the party had accepted that Noor Alam is one of them. Noor Alam also attended the meeting on April 3 and the party had not instructed him not to attend the meeting, the lawyer added.

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“Noor Alam has not joined any other parliamentary party, Gohar Khan said. When the bench asked whether Noor Alam Khan cast his vote on the day of no-confidence motion, the lawyer replied that he “did not cast his vote in the no-confidence motion against then prime minister,” he added.

The lawyer said that Article 63-A could not be used against his client. Earlier this week, the dissident members had submitted their responses to the ECP and termed the reference baseless and false as they were still part of the former ruling party and there was no violation of Article 63-A.

After the completion of arguments on the reference by the lawyers for the all parties concerned the ECP had reserved the ruling. Later, the CEC announced the unanimous ruling and rejected the reference.

PTI lawyer Faisal Chaudhry announced that the ECP ruling would be challenged in the high court. “In our view this case has become controversial, we will appeal for a review of the decision because it was not heard properly,” he said.

Talking to the media later, former information minister Fawad Chaudhry said that the party would file a reference against the CEC, adding that the party and its chairman, Imran Khan “don’t have confidence in the CEC and the ECP”, Express News reported.

“We are going to initiate legal action against ECP and we are mulling filing a reference against the CEC,” Chaudhry said. Unfortunately, he added, the ECP was behind the ongoing political crisis in the country.