The Election Commission of Pakistan (ECP) on Friday de-seated 25 MPAs of the Pakistan Tehreek-e-Insaf (PTI) for defying party directives and voting for Hamza Shehbaz for the post of the Punjab chief minister.
The reference against the dissident lawmakers sent by Punjab Assembly Speaker Pervaiz Elahi was accepted by the election watchdog for violating Article 63-A which pertains to defections.
The much-awaited verdict had gained political weightage in the wake of the Supreme Court’s verdict on a presidential reference, seeking its interpretation of Article 63-A, related to the disqualification of lawmakers over defection, announced on Tuesday.
In its interpretation, the apex court had said that the votes cast against party direction "cannot be counted and must be disregarded, and this is so regardless of whether the party head, subsequent to such vote, proceeds to take, or refrains from taking, action that would result in a declaration of defection".
The judgment had dealt a blow to the PML-N’s calculations in Punjab where the fate of the newly elected chief minister Hamza Shehbaz, who clinched power by peeling off lawmakers from the PTI, hung in the balance.
The ECP’s decision in the case was reserved by the ECP earlier this week after arguments were concluded in the case. It was supposed to announce the decision on Wednesday but had postponed it.
The reference against 25 Punjab Assembly lawmakers was forwarded to the election watchdog by PA Speaker Pervaiz Elahi – himself an aspirant for the CM post – after the PTI approached the speaker against its dissident members.
The dissident lawmakers are Raja Sagheer Ahmed, Malik Ghulam Rasool Sangha, Saeed Akbar Khan, Mohammad Ajmal, Abdul Aleem Khan, Nazir Ahmed Chohan, Mohammad Amin Zulqernain, Malik Nauman Langrial, Mohammad Salman, Zawar Hussain Warraich, Nazir Ahmed Khan, Fida Hussain, Zahra Batool, Mohammad Tahir, Aisha Nawaz, Sajida Yousaf, Haroon Imran Gill, Uzma Kardar, Malik Asad Ali, Ijaz Masih, Mohammad Sabtain Raza, Mohsin Atta Khan Khosa, Mian Khalid Mehmood, Mehar Mohammad Aslam and Faisal Hayat.
In its judgement, the ECP said it had two options — to ignore the completion of actus reus (voting in favour of opposite candidate) on the grounds of non-fulfilment of prerequisites as mentioned in Article 63-A and decline the declarations or hold that voting against party policies was a "serious matter" as observed by the Supreme Court.
"We are of the view that the casting of votes by the respondent[s] in favour of opposing candidate is a serious issue and worst form of betrayal of the electorate and party's policy.
Therefore, we hold that the defection in the subject cases shall not depend upon strict proof of observance of prerequisites as provided in Article 63-A.
"We have arrived at the conclusion that participation of the respondents in the election of chief minister of Punjab and casting their votes in favour of opposing candidate has established the factum of defection on the basis of the subject declarations against all the respondents.
"The declarations are confirmed and the respondents cease to be members of Punjab Assembly and their seats become vacant."
During the hearing on Friday, the counsel for the dissident members of the provincial assembly had argued that the MPAs were unaware of the directions given by the parliamentary party about voting for Pervaiz Elahi for the slot of Punjab chief minister.
However, the PTI counsel had contested this claim. He had argued that the meeting of the parliamentary party was held on April 1, its decision was reported in the press the next day, that notices to all MPAs of the Punjab Assembly were issued on April 2 by the chief whip, and another notice was sent on April 4 by PTI General Secretary Asad Umar, that another meeting was held in April in which the same decision was taken, and that a notice was sent on April 7 for the third time.
PTI welcomes ‘great achievement’
The PTI, reeling from its ouster through a parliamentary revolt earlier this year, extolled the much-awaited verdict as a “great achievement” - the latest setback to the coalition government and a shot in the arm of the former ruling party.
Speaking to journalists after the ECP order, senior PTI leader Asad Umar congratulated the nation saying “another chapter of heinous politics has closed today”.
Read: LHC issues notice to Hamza, others on petitions challenging his position as CM
“Some of the political parties have used politics for businesses as they are involved in horse-trading,” he said and added that the incumbent government ascended to power by “investing money and to earn more by misusing their power”.
He asserted that it was the PTI Chairman Imran Khan who stood against such corrupt practices.
Referring to Supreme Court’s verdict on Article 63-A, Umar said that first the apex court’s verdict and now the ECP’s decision is a “great achievement.”
He reiterated that the time for consultations is over and the coalition government should announce fresh elections.
Commenting on the prevailing economic crisis in the country, Umar said: “The economy is stagnant. There is uncertainty in society.”
“The country has witnessed external interference and bidding of conscience […] now the people want to see the change,” he said.
'Hamza no longer Punjab CM'
Meanwhile, PTI leader and former state minister for information and broadcasting Farrukh Habib said that the verdict has "crushed the turncoats badly".
He said the market of horse trading has been abolished in the country forever, adding the votes of 220 million people will be cast instead of those who sell their loyalties.
Habib claimed that Hamza Shahbaz was no more the chief minister of Punjab.
He urged the government "not to cause harm to the country anymore" and go for an election immediately.
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