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Thursday April 25, 2024

No-confidence resolution against Senate chairman

By Tariq Butt
July 10, 2019

ISLAMABAD: Countdown to the secret voting on the no-confidence resolution against Senate Chairman Sadiq Sanjrani started on Tuesday as the opposition parties handed over the motion to the Senate secretary.

As required by Article 54 (3) of the Constitution, the chairman is bound to summon the Senate within fourteen days of the receipt of the requisition, simultaneously submitted by the sponsors along with the resolution. This means Sanjrani may call the session even on the last day of this period, which will give him sufficient time for lobbying to survive.

The same parliamentary force – the Pakistan People’s Party (PPP) – that was instrumental in getting Sanjrani elected as the Senate chief is the primary mover of the resolution to oust him. In March 2018, it had collaborated with the forces inimical to the election of the nominee of the largest party - Pakistan Muslim League-Nawaz (PML-N) – in the Senate but now these two major parliamentary entities are hand-in-glove with each other due to the changed political scenario that has forced them to cooperate.

After the Senate was revived in 1985, this will be the first time that a chairman is facing a no-confidence motion. Since then, all the Senate heads completed their tenures.

The first stage will be to vote out the incumbent chairman if the opposition parties were able to secure the simple majority. If they were successful, the next phase would be the election of their representative as the Senate chief. Thus, they will have to show their numerical superiority twice in a short span of time. If the pro-and anti-Sanjrani senators cast their votes as per the respective strengths according to the directions of their parties, the opposition has a dominant position. It will be a different ball-game if defections occur.

Under Rule 11 of the Rules of Procedure & Conduct of Business in the Senate, whenever the office of Chairman becomes vacant, an election to fill the post will be held if the Upper House is in session as soon as possible but not later than seven days during it and if it is not in session, within seven days from the commencement of its next sitting. This implies that a considerable time will be required to complete the process of fresh election.

According to Rule 12, not less than one-fourth of the total membership of the Senate may give to the secretary notice in writing of a motion for leave to move no-confidence for the chairman’s removal. After the notice has been received, the Senate will not be adjourned [if it is in session] to a date later than seven clear days excluding closed holidays.

The motion for leave to move the resolution will be put on the agenda for the first working day, after the expiry of seven days from the date of the receipt of the notice. Immediately after the motion has been moved, the Presiding Officer (PO) will call such of the members as may be in favour of the leave being granted to rise in their seats and, if at least one-fourth of the total membership of the Senate does not so rise, he will declare that the member has not the leave of the House or, if such membership so rises, call upon the member concerned to move the resolution.

The Senate will not be adjourned until the motion for leave is disposed of or, if leave is granted, the no-trust resolution has been voted upon in secret ballot.

Under Article 54, the office of the chairman will become vacant if resigns his office; he ceases to be a senator; or he is removed from office by the no-trust resolution of which not less than seven-day notice has been given and which is passed by the votes of the majority of the total membership of the Upper House. Chairman Sanjrani will not preside over the Senate sitting in which a resolution for his removal will be fixed for consideration. Except with the PO’s permission, a member will not speak on the resolution for more than 15 minutes. The mover of the resolution and the Chairman may speak for thirty minutes or such longer time as the PO may permit.