Election Commission of Pakistan de-seats 25 PTI dissident MPAs for voting in Hamza Shahbaz’s favour as CM Punjab candidate
ISLAMABAD, May 20 (SABAH): The Election Commission of Pakistan (ECP) on Friday declared 25 dissident members of Pakistan Tehreek-e-Insaf (PTI) de-seated while announcing its verdict in a case pertaining to the dissident members of the Punjab Assembly (MPAs).
The ECP announced the unanimous verdict while accepting the reference against PTI dissidents who voted for Hamza Shahbaz in the election of Punjab Chief Minister, sent by Punjab Assembly Speaker Chaudhry Pervaiz Elahi. “MPAs defected from the party by voting in favour of Hamza Shahbaz,” the ECP said in the verdict.
A three-member bench of the ECP, comprising Chief Election Commissioner Dr. Sikandar Sultan Raja, Nisar Ahmed Durrani and Shah Mohammad Jatoi, heard the reference.
The decision comes days after the Supreme Court of Pakistan’s decision on a presidential reference seeking its interpretation of Article 63-A, related to the disqualification of lawmakers over defection, which was announced earlier this week.
Article 63-A seeks to restrict lawmakers from voting (or abstaining) in violation of party instructions “in relation to election of the prime minister or chief minister; or a vote of confidence or a vote of no-confidence; or a money bill or a Constitution (amendment) bill”.
In its interpretation of this Article, the apex court said votes cast against party direction “cannot be counted and must be disregarded, and this is so regardless of whether the party head, subsequent to such vote, proceeds to take, or refrains from taking, action that would result in a declaration of defection”.
The votes of the 25 PTI dissidents had been instrumental in helping Hamza get over the line; he received a total of 197 votes while 186 votes are required for a simple majority. Since these 25 lawmakers are no longer members of the House, Hamza has lost his majority.
The dissident lawmakers are Raja Sagheer Ahmed, Malik Ghulam Rasool Sangha, Saeed Akbar Khan Niwani, Mohammad Ajmal Cheeman, Abdul Aleem Khan, Nazir Ahmed Chohan, Mohammad Amin Zulqernain, Malik Nauman Langrial, Sheikh Mohammad Salman Naeem, Zawar Hussain Warraich, Nazir Ahmed Khan, Fida Hussain, Zahra Batool, Mohammad Tahir, Aisha Nawaz, Sajida Yousaf, Haroon Imran Gill, Uzma Kardar, Malik Asad Ali, Ijaz Masih, Mohammad Sabtain Raza, Mohsin Atta Khan Khosa, Mian Khalid Mehmood, Mehar Mohammad Aslam Bharwana and Faisal Hayat Jeewana.
In its judgment consisting of 23 pages, the ECP said it had two options — to ignore the completion of actus reus (voting in favour of opposite candidate) on the grounds on non-fulfillment of prerequisites as mentioned in Article 63-A and decline the declarations or hold that voting against party policies was a “serious matter” as observed by the Supreme Court.
“We are of the view that the casting of votes by the respondent[s] in favour of opposing candidate is a serious issue and worst form of betrayal of the electorate and party’s policy. Therefore, we hold that the defection in the subject cases shall not depend upon strict proof of observance of prerequisites as provided in Article 63-A.
“We have arrived at the conclusion that participation of the respondents in the election of chief minister of Punjab and casting their votes in favour of opposing candidate has established the factum of defection on the basis of the subject declarations against all the respondents.
“The declarations are confirmed and the respondents cease to be members of Punjab Assembly and their seats become vacant.”
Talking to a private TV channel after the ruling, Khalid Ishaq, counsel for 10 of the MPAs, said a decision on filing an appeal in the Supreme Court would be taken after discussions.
Speaker Punjab Assembly Pervaiz Elahi on Friday said that Election Commission of Pakistan has given an excellent decision and they have saved the democracy.
Reacting on the decision of ECP regarding the deviant Pakistan Tehreek-e-Insaf (PTI) Members of Punjab Assembly (MPAs), Pervaiz Elahi said ECP s decision is a lesson for people who change loyalties.
“First of all, I would like to thank the Almighty. Thanks to our team of lawyers and Chief Election Commissioner, who played key role to save the democracy,” he said.
The ruling was hailed by Pakistan Tehreek-e-Insaf (PTI) Secretary General and former minister for planning, development and special initiatives Asad Umar , who, along with other supporters standing outside the ECP’s offices, congratulated the nation for standing against the “conspiracy, the foreign interference”.
“Today, another chapter of this conspiracy has been exposed,” he added.
“I also want to sympathise with politicians who invested millions of rupees in these turncoats. The way one chapter of this conspiracy has been reverted, we want the rest of it to meet the same fate so that the country could be steered out of the current crisis,” Umar said.
He pointed out that Hamza had 197 votes and 25 of those MPAs had now been “disqualified on a permanent basis”. The PTI leader demanded of the government to immediately announce new elections.
He also referred to the ECP, saying “if you are to announce elections, then it must not be done without consultation of major political stakeholder [PTI].”
Asad Umar congratulated the nation saying “another chapter of heinous politics has closed today”.
“Some of the political parties have used politics for businesses as they are involved in horse-trading,” Umar said, adding that these people [the current leadership] come into power by investing money and earn more by misusing their power.
He highlighted that it was the former prime minister and PTI Chairman Imran Khan who stood against such political practices.
Meanwhile, PTI leader Farrukh Habib said that the verdict has crushed the turncoats badly. “The way to Changa Manga markets has been blocked forever in Pakistan. The votes of 220 million people will be cast instead of those who sell their loyalties,” he said.
He said that Hamza Shahbaz is no more the chief minister of Punjab constitutionally. The politician urged the government not to cause harm to the country anymore and go for an election immediately.
Reacting to the development, PML-N Vice President Maryam Nawaz Sharif said no matter what the PTI does, their dream of snatching Punjab from the lion [PML-N] will be shattered. InshaAllah.
She said that the people of Punjab are extremely angry over the loot and plunder of Farah Khan and they will avenge this by defeating them [PTI] in the next elections.
Last month, Muhammad Hamza Shehbaz Sharif was elected Punjab Chief Minister, defeating PTI-PML-Q’s joint candidate, Chaudhry Parvez Elahi. Hamza had bagged 197 votes, including 25 from PTI dissidents. Elahi did not get any votes as the PTI and PML-Q lawmakers had walked out of the session.
Subsequently, after a declaration by the PTI, Elahi, who is also the Punjab Assembly Speaker, had sent a reference against the dissident MPAs to the ECP, urging it to de-seat these lawmakers for defecting from the PTI by casting their votes in Hamza’s favour in violation of party directions.
The 25 MPAs named in the reference had been issued directions by the PTI but they had cast their votes for Hamza, Elahi’s reference had stated. Subsequently, the dissident MPAs had been issued show cause notices to explain their position but they had not replied, it added.
During the hearing on Tuesday, Khalid Ishaq, who was representing 10 MPAs, said the lawmakers had neither received an invitation nor the agenda for the April 1 parliamentary party meeting. In addition, only two lawmakers received show cause notices on April 7, he said.
The dissident lawmakers did not receive the declaration for disqualification sent on April 18 as well, he further said, arguing that his clients were not given the opportunity to present their stance.
“The parliamentary party’s decision is nowhere to be found,” he told the court. “A false document was made after the parliamentary party’s meeting. [Former prime minister] Imran Khan mocks the members and the ECP every day.
“[PTI’s counsel] Ali Zafar rightly said that floor crossing is a cancer [but] party dictatorship is a cancer as well.”
Ishaq argued that even if party chairman Imran’s instructions were “correct”, the MPAs could still not be disqualified.
The lawmakers had been instructed to vote for Elahi and not be absent on the day of voting, he said. He added that the MPAs were free to vote independently once Elahi boycotted the election.
“Nowhere did the party chairman issue instructions to not vote for the opposite candidate in case of a boycott.”
Similar arguments were made by Javed Malik, dissident MPA Aisha Nawaz’s counsel.
“A no-confidence motion was pending against Elahi. Can he send the [disqualification] reference despite that?”
Meanwhile, PTI’s counsel Barrister Syed Ali Zafar argued that it was being said the parliamentary party had not issued instructions.
“Article 63-A only mentions the parliamentary party, but doesn’t talk about it in detail,” he said. “The party chief or majority of the members can decide.”
Zafar contended the argument that dissident MPAs were not barred from voting for the opposing candidate was wrong.
“On April 1, all MPAs were given instructions regarding Elahi,” he said. “The chief whip at the Punjab Assembly had also written a letter to inform the MPAs. Imran Khan had tweeted about the decision as well which was read by millions of people.”
The election for the chief minister was unable to take place on April 3, he recalled. “On April 4, PTI’s secretary general Asad Umar informed the members through a letter,” he said, adding that even then the dissident members went to the private hotel where PML-N’s Hamza was elected CM in a mock session.
Zafar added that he had also submitted the receipts of courier services as evidence.
However, Advocate Salman Akram Raja, who was representing Aleem Khan objected, stating that additional documents could not be submitted at this stage.
Subsequently, the ECP did not allow the PTI to submit those receipts.
Meanwhile, Zafar continued that PTI gave multiple chances to dissident MPAs to justify their actions but none of them replied to the show cause notices.
“In their written responses [submitted to the ECP], they have admitted defection,” he said, adding that the purpose of the ECP’s hearing was to remove any shortcomings in the party chairman’s declaration. Subsequently, the ECP reserved its verdict after the completion of the arguments.
The Commission, in its May 11 verdict, had rejected the disqualification reference against the 20 MNAs of the PTI involved in floor-crossing during the no-confidence motion against PTI Chairman Imran Khan. The ECP said in its verdict that the reference against defecting MNAs of the PTI was “not in line with the Constitution”.
According to Article 63-A of the Constitution, a parliamentarian can be disqualified on grounds of defection if he “votes or abstains from voting in the House contrary to any direction issued by the parliamentary party to which he belongs, in relation to election of the prime minister or chief minister; or a vote of confidence or a vote of no-confidence; or a money bill or a Constitution (amendment) bill”.
The Article says that the party head has to declare in writing that the MNA concerned has defected but before making the declaration, the party head will “provide such member with an opportunity to show cause as to why such declaration may not be made against him”.
After giving the member a chance to explain their reasons, the party head will forward the declaration to the speaker, who will forward it to the chief election commissioner (CEC). The CEC will then have 30 days to confirm the declaration. If confirmed by the CEC, the member “shall cease to be a member of the House and his seat shall become vacant”.
According to the Article, any party that is aggrieved with the Election Commission’s decision can file an appeal in the Supreme Court within a month. The apex court has 90 days to decide the matter.