Back in parliament: Ex-CJP says return of PTI MPs ‘illegal’

Iftikhar Chaudhry calls for accepting resignations of these MNAs immediately

ISLAMABAD: Former chief justice Iftikhar Muhammad Chaudhry has said that the status of Pakistan Tehreek-e-Insaf (PTI) MNAs, who have returned to National Assembly on Monday after seven months, is illegal in view of Article 64 (1) of the constitution.

Talking to the media men in the capital, the former CJP said that in view of Article 64(1) of the constitution, resignation of these Members National Assembly should be accepted immediately. Likewise, when a parliamentarian will remain absent in the house for 40 days his membership will be 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.

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”, says Article 64 of the constitution.

Regarding the constitution of proposed commission to probe the election rigging, the ex-chief justice said that instead of promulgating a presidential ordinance, the commission should be formed through an act of parliament, adding that formation of commission is doubtful in the presence of Article 225 of the constitution, which says that the election disputes will always be decided by the tribunals.

He however said that if the commission will be constituted then he will appear before it to answer PTI chief Imran Khan’s allegations related to his alleged role in electoral fraud.

Published in The Express Tribune, April 7^th, 2015.