Loopholes: PML-N eyes legal battle against PTI

Imran Khan and his party lawmakers can be ousted from the house due to consecutive absence

Imran Khan (L) and Nawaz Sharif (R). PHOTO: REUTERS/EXPRESS

ISLAMABAD:
The ruling Pakistan Muslim League-Nawaz (PML-N) is weighing its options on whether it intends to wage a legal battle with the Pakistan Tehreek-e-Insaf (PTI).

The central point of the PML-N campaign is the absence of PTI chief Imran Khan and other party members from both the National Assembly and the Punjab Assembly for over 40 days.

After tendering their resignations, PTI members did not bother to make an appearance in the house. The speaker did not accept their resignations once the PTI members refused to visit his chamber individually for verification.

In the wake of political wrangling, Imran crossed the 40-day deadline, and as per some provisions, the speaker can de-seat him.

A senior official of the NA secretariat told The Express Tribune that despite constitutional and legal provisions, there is no clear mechanism currently available to de-seat any member of the assemblies for constant absence.

He said that the Indian parliament has a clear procedure in this regard. In case a member is absent from the assembly for 40 consecutive days, a parliamentary committee sends notice to the member for explanation and after expiry of a 60 days’ deadline, the body recommends cancellation of his/her membership.


The current session of the National Assembly will continue till January 16; all the members of the lower house belonging to PTI will cross the deadline of 40 days of consecutive absence, which is a first in the country’s parliamentary history.

National Assembly Deputy Speaker Murtaza Javaid Abbasi made an announcement pertaining to the absence of Imran Khan and his party members. Apparently Speaker Sardar Ayaz Sadiq avoided doing this because of his legal battle with Imran Khan. Imran took Sadiq to court over rigging claims in the May 2013 polls.

In an informal media talk, the speaker said that he would announce this legal option next week, but so far he has not gotten the resolution submitted by JUI-F lawmakers against the PTI chief’s membership cancellation. Imran Khan last appeared in the lower house on June 17, 2014.

If any sitting member brings a motion for disqualifying such absent members, it would be put before the house for a decision through majority vote.

If no member brings forth any motion for expelling such member till the expiry of the term, the member will remain a member of the house. Shah Mahmood Qureshi will be deemed safe as he attended the session in the middle of the over four months long sit-in organised by his party against the government.

Published in The Express Tribune, January 11th, 2015.
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