defected from the political party, and the he may forward a copy of the declaration to the Presiding Officer (Speaker or Chairman) and the Chief Election Commissioner (CEC) will similarly forward a copy to the member concerned provided that before making the declaration, the party head will provide such lawmaker with an opportunity to show cause as to why such declaration may not be made against him.
The party head means any person by whatever name called declared as such by the parliamentary party.
A legislator will be deemed to be a member of a parliamentary party if he, having been elected as a candidate or nominee of a political party which constitutes the parliamentary party in the House or, having been elected otherwise than as a candidate or nominee of a political party, has become a member of such parliamentary party after such election by means of a declaration in writing.
Upon receipt of the declaration, the Presiding Officer will within two days refer, and in case he fails to do so it will be deemed that he has referred, the declaration to the CEC who will lay the declaration before the Election Commission of Pakistan (ECP) for its decision thereon confirming the declaration or otherwise within thirty days of its receipt by the CEC.
Where the ECP confirms the declaration, the concerned member will cease to be a lawmaker and his seat will become vacant. Any party aggrieved by the ECP decision may, within thirty days, prefer an appeal to the Supreme Court which will decide the matter within ninety days from the date of the filing of the appeal.
The nonexistence of any constitutional or legal restriction to vote against the direction of their political parties in the Senate election may encourage some lawmakers to actually oppose their nominated candidates.
Indications are that some lawmakers in the Balochistan and Khyber Pakhtunkhwa (KP) assemblies may not strictly follow the directions of their political parties in the Senate poll for some other considerations.
The lawmakers, who returned as independents in the 2013 general elections but subsequently joined political parties for their own reasons, are also covered by the defection clause. Once they are associated with the parties, they can’t regain their independent status as they are governed by their discipline.