Chief justice says it’s party’s right that its members remain loyal

Chief justice says it’s party’s right that its members remain loyal

Web Desk
July 7, 2022

Chief justice says it’s party’s right that its members remain loyal

A three-member bench comprising the chief justice, Justice Aminuddin Khan and Justice Muhammad Ali Mazhar was hearing the case.
The dissenting members had filed the pleas against their disqualification for defection by the Election Commission of Pakistan (ECP).
The hearing was adjourned for indefinite time with court orders for the dissident members to come prepared for the case.

ISLAMABAD: Chief Justice Umar Ata Bandial has said that it was a political party’s basic right that its members remain faithful to it.

The chief justice of Pakistan said this while hearing pleas filed by Pakistan Tehreek e Insaf (PTI)’s dissident members from the Punjab Assembly. The dissenting members had filed the pleas against their disqualification for defection by the Election Commission of Pakistan (ECP).

A three-member bench comprising the chief justice, Justice Aminuddin Khan and Justice Muhammad Ali Mazhar was hearing the case.

The hearing was adjourned for indefinite time with court orders for the dissident members to come prepared for the case.

On May 20, several days after the Supreme Court had interpreted Article 63-A of the constitution viewing lawmakers’ defection, the election commission had announced its decision to disqualify the 25 MPAs of PTI for voting in favour of Hamza Shahbaz during poll for the office of provincial chief minister.

The SC had interpreted the Article saying that the votes cast in violation of party order “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”.

In its interpretation, the apex court had said that 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”.

After their disqualification, many MPAs had approached the apex court. Their petitions were clubbed.

The members presented before the court that PTI had not issued any instructions for the election of Punjab Chief Minister adding that PTI’s candidate Pervaiz Elahi had boycotted the session on the election day.

Justice Ali Mazhar argued against the statements of the PTI dissident members and maintained that the members voted in favour of Pakistan Muslim League-Nawaz (PML-N) despite being leaders of PTI.

CJ Ata Bandial questioned the members about the stance behind attending the session when the party had already boycotted the election of CM Punjab.

Earlier, ECP disqualified as many as 25 Punjab MPAs for violating Article 63-A of the constitution. The provincial legislators were disqualified for changing their loyalties by voting against the party line. The PTI MPAs voted for Pakistan Muslim League-Nawaz’s Hamza Shehbaz Sharif for Punjab Chief Ministership. The ECP has also suspended the Punjab Assembly’s membership of the dissident MPAs.