Challenging PTI return: IHC to decide petition’s maintainability

Ex-senator argues that MNA’s should not be allowed in the House.

ISLAMABAD: The Pakistan Tehreek-e-Insaf might have returned to the assemblies, but might still have to go through a legal battle as the Islamabad High Court will now decide on the maintainability of a petition challenging the party’s MNAs returning to the lower house. 

Following the removal of objections raised by the IHC registrar’s office, on Wednesday a bench comprising Justice Athar Minallah and Justice Aamer Farooq set April 9 as the date on which it will rule on the maintainability of a writ petition challenging PTI MNAs’ right to return.

Recently-retired Pakistan Muslim League-Nawaz (PML-N) Senator Zafar Ali Shah filed the petition.

The former senator has posited that the PTI members were aliens to the National Assembly and have no right to attend parliamentary sessions as eight months ago, all MNAs from the party had resigned from the National Assembly, making their return unconstitutional.

Imran Khan and his party members are not entitled to sit in the National Assembly because of their written resignation.

Shah has made the federal government, the national assembly speaker, Election Commission of Pakistan, leader of the house, leader of the opposition, PTI Chairman Imran Khan, and all PTI MNAs respondents in the case.

The petitioner stated that PTI MNAs had voluntarily tendered their resignations, and the Constitution of Pakistan was very clear on the subject. He maintained that once an MNA resigns from the assembly, he is no longer a part of the lower house.

Moreover, he said that under Article 64 of the Constitution, there is no requirement for the speaker to accept a resignation, while the article also speaks of the right to vacate the seat of a member who is absent for more than 40 consecutive days of sittings.

The petitioner requested the court to accept the writ petition and declare them as ex-MNAs.

Additionally, Shah prayed that the speaker may be directed to send a notification regarding the vacation of the seats following the resignations of PTI members. He further prayed that the Election Commission of Pakistan may be directed to announce a schedule for by-elections on those seats.

Petitioner has also requested the court to restrain the NA secretary from issuing any cheque or financial benefits to PTI MNAs who have resigned.

Published in The Express Tribune, April 9^th, 2015.