PTI's return to Parliament is illegal: former CJP

Says he is ready to appear before judicial commission to give reply to PTI chief Imran Khan’s allegations

ISLAMABAD: Former chief justice Iftikhar Muhammad Chaudhry termed the Pakistan Tehreek-e-Insaf's return to Parliament, after a gap of more than seven months, illegal under the Constitution.

While criticising the PTI, the former CJP said in view of Article 64(1) of the Constitution, resignation of a member of National Assembly would be accepted immediately. Similarly, when a parliamentarian remains absent from the House for 40 days, his membership is automatically abolished.

“A Member of Majlis-e-Shoora (Parliament) may, by writing under his hand addressed to the Speaker or, as the case may be, the Chairman resigns his seat, and thereupon his seat shall become vacant. ii A House may declare the seat of a member vacant if, without leave of the House, he remains absent for forty consecutive days of its sittings”, states Article 64 of the constitution.

Commenting on the formation of a judicial commission to probe allegations of rigging during the 2013 elections, Chaudhry said that instead of promulgating a presidential ordinance, the commission should be formed through the act of Parliament, adding that formation of commission is doubtful in the presence of Article 225 of the Constitution, which states that the election disputes should always be decided by tribunals.

However, the former CJP said if the commission is constituted, he would appear before it to give a reply over PTI chief Imran Khan’s allegations related to his alleged role in elections rigging.