Election to deputy speaker’s office to be held in next NA session

ISLAMABAD: Election to the office of the deputy speaker of the National Assembly, which fell vacant due to Qasim Suri’s ouster by a Balochistan High Court (BHC) tribunal, will be held in its next session as required under the rules if he did not get relief from the Supreme Court by that time.

The election will be deferred and Suri will stay as the deputy speaker if he was issued a stay order by the apex court till the disposal of his appeal against the tribunal’s judgement. He would obviously remain unhurt if the Supreme Court overturned the tribunal’s verdict.

Rule 11 of the Rules of Procedure & Conduct of Business in the National Assembly says whenever the office of deputy speaker (or the speaker) becomes vacant, an election to fill that office will be held if the National Assembly is in session as soon as possible during it; and if it is not in session, at the commencement of its next session.

Explaining, legal experts say under this rule such election has to be immediately held in the ongoing session. On the basis of the tribunal’s decision, the Election Commission of Pakistan de-notified Suri on Wednesday when the National Assembly happened to be in session. However, it was prorogued, leaving the election to the next sitting.

They point out that it is not elaborated in the rule that such election can only be held in a session summoned by the president of Pakistan and can’t be arranged in a sitting, called by the speaker, which has been requisitioned by the opposition parties.

Experts say that under the rules, the speaker or his deputy can be ousted through majority of the total membership of the National Assembly while such a numerical strength is not required to elect a candidate to this slot. These positions are elaborated in rules 10 and 12. Rule 10 provides an interesting mode of election, making it clear that in certain cases majority is not needed for the successful candidate.

It says where, after withdrawal of candidatures, there remain more than two contestants for election, the one obtaining more votes than the aggregate of ballots of others will be declared to have been elected. If none secures more votes than the aggregate ballots got by the other aspirants, there will be a fresh ballot at which the candidate who bagged the lowest number of votes at the last ballot will be excluded from the race, and the balloting will, in like manner, proceed until one contestant secures more votes than the remaining candidate or candidates in the aggregate, and such contestant will be declared to have been elected.

Where, at any ballot, any three or more candidates secure an equal number of votes and one of them has to be excluded from election, the question as to which one of such candidates is to be excluded will be determined by drawing of lots.

The rule further says where, after withdrawals, there remain only two aspirants in the run, a ballot will be held between them and the candidate who secures more votes than the other will be declared to have been elected.

If both secure an equal number of votes, a fresh ballot will be held between them until one of them gets more votes than the other, and the one clinching more votes will be declared to have been elected.

Rule 12 deals with the removal of the speaker of the speaker or his deputy. It says he will stand removed from his office on the resolution of no-confidence being passed by majority of the total membership of the National Assembly.

It says a member may give notice in writing of a resolution, specifying the charges against him along with a motion for leave to move for his removal. The resolution will not contain arguments, inferences, ironical expressions, epithets or defamatory statements, and in case the resolution contains such matter, the same will be deleted. No other item will be taken upon on the day fixed for a motion for leave to move a resolution.