Wrongful termination allegations: Bhootani moves court against his ouster

NAB takes notice of violation of secret ballots during voting in no-confidence move.

QUETTA:

The Balochistan High Court (BHC) heard an application against the ouster of the former speaker of the Balochistan Assembly, Muhammad Aslam Bhootani, on Friday and issued notices to the deputy speaker and secretary of the provincial assembly.

BHC Justice Tahira Safdar issued the order while hearing Bhootani’s application. Former Speaker Bhootani, who was ousted from his position through a secret ballot on December 26, challenged his removal, saying it was in violation of the Constitution and rules of procedure.

Advocate Baz Muhammad Kakar, counsel for Bhootani, submitted the application in the BHC, contending that the procedure employed in the removal of the former BA speaker was in violation of the Constitution and the assembly’s rules of business. Kakar pleaded that during the secret ballot, members of the provincial assembly disclosed their vote to government officials, in clear violation of the rules.



Speaker Bhootani maintained that he did not submit his application in the hope of regaining his seat, rather, his sole purpose was to highlight unconstitutional practices so that they don’t occur in the future.  He expressed fear that if the act was not declared as illegal and unconstitutional by the court it would set a negative precedent.

The applicant also alleged that the secretary of the assembly was completely ignored during the course of the motion, in another violation of rules and regulations of the assembly. Bhootani requested that the procedure of his ouster be deemed unconstitutional.

After hearing Bhootani’s attorney, the court admitted the application for hearing and issued notices to the deputy speaker of the Balochistan Assembly, secretary of the Assembly and deputy secretary (legislative). The case was adjourned till December 31.

Meanwhile, Balochistan Governor Nawab Zulfiqar Ali Magsi has called a Balochistan Assembly session on December 31 in order to choose the new speaker of the house.



According to sources, Jamiat Ulema-e-Islam (JUI-F) leader Syed Matiullah Agha has been nominated as a candidate for the position of speaker of the assembly, while consultations are taking place to choose the deputy speaker.

The post of deputy speaker will most likely go to a female member of the Assembly for the first time in the province’s history. Dr Fauzia Marri was mentioned as a potential candidate for the position, according to highly placed sources.

Secret ballot violation

Also on Friday, the National Accountability Bureau (NAB) chairman Admiral (retd) Fasih Bukhari took notice of the violation of secret ballot during voting in a no-confidence move against Balochistan Speaker Bhootani by members of the treasury, who were caught on screen showing their ballots to other members before polling. The move is in clear violation of the secret ballot code.

A statement issued by NAB headquarters said that showing ballots indicated misuse of authority and makes a farce of the process of the secret ballot. (with additional input from APP)

Published in The Express Tribune, December 29^th, 2012.