Histrionics or changing history?: No-confidence motion suspended over indecision on part of opposition
Without requisitioning a session, the motion against CM Khattak remains in name only .
PESHAWAR:
The no-confidence motion filed by the Khyber-Pakhtunkhwa Assembly’s opposition benches against Chief Minister Pervez Khattak has been pending since August 19.
The motion was submitted jointly by Jamiat Ulema-e-Islam (JUI-F), Pakistan Peoples Party (PPP), Pakistan Muslim League-Nawaz (PML-N), Awami National Party (ANP) and Qaumi Watan Party (QWP) in a bid to save the assembly from dissolution. The contingency measure was taken after Imran Khan and Pakistan Tehreek-e-Insaf made several statements regarding the resignation of party MNAs and MPAs. A majority of PTI MPAs from both Sindh and Punjab assemblies have resigned. The K-P legislators however are still sitting tight.
Perhaps the K-P opposition just wanted to bring down the guillotine just enough to scare the ruling party; the opposition never submitted a requisition for a session of the assembly to actually pass the no-confidence motion. If it had, the speaker is bound to call the session within a fortnight, which has long since passed.
However, while there is clarity on the status of a resolution moved in an ongoing session, not much is said whether a no-confidence motion filed outside of a session has an actual tangible expiry date.
The law
Section 136 (1) of the Constitution of the Pakistan states a resolution for a vote of no-confidence moved by not less than 20% of the total membership of the provincial assembly may be passed against the chief minister by the assembly.
However, sub-section 2 of the same article says the resolution referred to in clause (1) shall not be voted upon before the expiration of three days, or later than seven days, from the day on which such resolution is moved in the provincial assembly.
K-P Assembly rules of procedures, Section 18 (D4) also state that a resolution shall not be voted upon before the expiry of three days, or later than seven days, from the day on which resolution is moved in the assembly.
Former speaker and senior PPP leader Abdul Akbar Khan told The Express Tribune the no-confidence motion against the chief minister has now become redundant.
The no-confidence motion is a “drama” since the opposition did not submit a requisition for the session with the no-confidence motion, said Akbar Khan. When a no-confidence motion is moved at such a time when the assembly is not in session, the requisition is also submitted with it, so the outcome is decided within 14 days, said the PPP leader.
“It is strange the opposition has not submitted a requisition, it’s as if they wanted to decide the motion in Chowk Yadgar instead of the assembly,” he added.
Akbar Khan noted the opposition’s no-confidence has no legal status and now they will have to bring a fresh resolution if there is an assembly session.
Supreme Court (SC) lawyer Fahim Wali concurred with Akbar Khan’s views. “The motion has to be decided between three to seven days after it is submitted.”
In case a session is not held in the prescribed time, the motion lapses; the basic responsibility lies with the opposition to bring out the required number of lawmakers within the set days, said the lawyer.
Published in The Express Tribune, September 13th, 2014.
The no-confidence motion filed by the Khyber-Pakhtunkhwa Assembly’s opposition benches against Chief Minister Pervez Khattak has been pending since August 19.
The motion was submitted jointly by Jamiat Ulema-e-Islam (JUI-F), Pakistan Peoples Party (PPP), Pakistan Muslim League-Nawaz (PML-N), Awami National Party (ANP) and Qaumi Watan Party (QWP) in a bid to save the assembly from dissolution. The contingency measure was taken after Imran Khan and Pakistan Tehreek-e-Insaf made several statements regarding the resignation of party MNAs and MPAs. A majority of PTI MPAs from both Sindh and Punjab assemblies have resigned. The K-P legislators however are still sitting tight.
Perhaps the K-P opposition just wanted to bring down the guillotine just enough to scare the ruling party; the opposition never submitted a requisition for a session of the assembly to actually pass the no-confidence motion. If it had, the speaker is bound to call the session within a fortnight, which has long since passed.
However, while there is clarity on the status of a resolution moved in an ongoing session, not much is said whether a no-confidence motion filed outside of a session has an actual tangible expiry date.
The law
Section 136 (1) of the Constitution of the Pakistan states a resolution for a vote of no-confidence moved by not less than 20% of the total membership of the provincial assembly may be passed against the chief minister by the assembly.
However, sub-section 2 of the same article says the resolution referred to in clause (1) shall not be voted upon before the expiration of three days, or later than seven days, from the day on which such resolution is moved in the provincial assembly.
K-P Assembly rules of procedures, Section 18 (D4) also state that a resolution shall not be voted upon before the expiry of three days, or later than seven days, from the day on which resolution is moved in the assembly.
Former speaker and senior PPP leader Abdul Akbar Khan told The Express Tribune the no-confidence motion against the chief minister has now become redundant.
The no-confidence motion is a “drama” since the opposition did not submit a requisition for the session with the no-confidence motion, said Akbar Khan. When a no-confidence motion is moved at such a time when the assembly is not in session, the requisition is also submitted with it, so the outcome is decided within 14 days, said the PPP leader.
“It is strange the opposition has not submitted a requisition, it’s as if they wanted to decide the motion in Chowk Yadgar instead of the assembly,” he added.
Akbar Khan noted the opposition’s no-confidence has no legal status and now they will have to bring a fresh resolution if there is an assembly session.
Supreme Court (SC) lawyer Fahim Wali concurred with Akbar Khan’s views. “The motion has to be decided between three to seven days after it is submitted.”
In case a session is not held in the prescribed time, the motion lapses; the basic responsibility lies with the opposition to bring out the required number of lawmakers within the set days, said the lawyer.
Published in The Express Tribune, September 13th, 2014.