PTI to move SC for disqualification of defecting MNAs

Former ruling party contends that ECP’s 11 judgement was illegal, unconstitutional and against the facts

ISLAMABAD:

The Pakistan Tehreek-e-Insaf (PTI) will approach the Supreme Court (SC) for disqualification/de-seating of defecting MNAs in violation of Article 63A of the Constitution of Pakistan.

The Express Tribune has learned that the draft of its petition has already been prepared and is likely to be filed on Thursday.

The petition will be filed by PTI Chairman Imran Khan through Advocate Chaudhary Faisal Hussain.

The former ruling party will request the apex court to declare the May 11 order of the Election Commission of Pakistan (ECP) as illegal, unconstitutional and against the facts.

According to the draft, the petition contends that the ECP judgment is arbitrary, illegal, devoid of legal substance and has been rendered in derogation of well-established principles of law and constitution.

"The impugned order is not in consonance with the settled principles of fair trial and has been rendered without following the due process and propriety. The respondents failed to give plausible and justiciable reasons to rationalise the impugned order,” it reads.

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"The impugned order amounts to putting Article 63A unto redundancy, allowing the defection, horse-trading and floor crossing in the most casual way. The impugned order defeats the purpose and object of article 63A in letter as well as in spirit,” it adds.

The petition also contends that the ECP failed to adopt a fair and impartial procedure during the hearing in a transparent manner. The impugned order has been rendered in a slipshod and arbitrary manner in absolute violation of Article 10-A of the Constitution of Pakistan, 1973, and also in gross violation of principles of fair play and natural justice, the draft petition adds.

It is also contended that the intention and the object of the law and the constitution is to save the stream of democracy from the pollution of horse-trading and floor-crossing.

“The respondent No.1 (ECP) miserably failed to guard the constitution and also failed to abide its legal obligation under the Election Act, 2017. It is submitted that under section 4 of Election Act 2017, respondent No.1 was under a statuary duty to do ‘complete justice’,” it adds.

The petition further states that "it is most unfortunate that the answering respondent (Noor Alam) lacks the moral courage to admit his wrongdoings to stick with the seat he won on the ticket of Pakistan Tehreek e Insaaf and he is extremely reluctant and hesitant to seek fresh public mandate contrary to his public stance, on his own, because he knows that he will be rejected by the political sovereigns of his constituency and his political fate will be sealed by the voters of NA-27, whom he has deceived through his illegal and unconstitutional conduct".