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Tuesday May 14, 2024

SC moved against inaction on PTI, MQM MPs’ resignations

Karachi A petition was filed in the Supreme Court on Saturday challenging the non-acceptance of the resignations tendered by the lawmakers of the Muttahida Qaumi Movement and the Pakistan Tehreek-e-Insaf lawmakers from the Senate, National Assembly and Sindh Assembly. Moulvi Iqbal Haider submitted in the petition that the PTI

By Jamal Khurshid
August 16, 2015
Karachi
A petition was filed in the Supreme Court on Saturday challenging the non-acceptance of the resignations tendered by the lawmakers of the Muttahida Qaumi Movement and the Pakistan Tehreek-e-Insaf lawmakers from the Senate, National Assembly and Sindh Assembly.
Moulvi Iqbal Haider submitted in the petition that the PTI and MQM lawmakers tendered their resignations, whereas the Senate chairman and the National Assembly and Sindh Assembly speakers were bound to issue notifications to declare their seats as vacant and filling those seats through by-elections.
He said that the Senate chairman and the National Assembly and Sindh Assembly speakers were instead facilitating the resigned MPs in bargaining with the provincial and federal governments either on the instructions of the governments or otherwise, which, he said, was a grass violation of the law and their oaths as they had lost their impartiality.
The petitioner submitted that the PTI had boycotted the parliament and National Assembly proceedings without leave of the House and remained absent more than 40 consecutive days, whereas the National Assembly speaker in terms of Article 64 of the Constitution was bound to notify the seats of the lawmakers as vacant after receiving their resignations. He said the PTI lawmakers were not entitled to sitting in the National Assembly as members.
He said that the MQM legislators were demanding withdrawal of the targeted operation in Karachi being conducted by the Rangers and in order to pressurise the government they tendered their resignations from parliament and the Sindh Assembly.
He said the National Assembly speaker did not accept the resignations despite the appearance of the MPs before him.
Haider further argued that the MQM lawmakers handed over their resignations without any force or fear and they openly alleged that the Sindh Rangers had singlled out the MQM in the name of the targeted operation.
He said the Supreme Court had laid down the criteria relating to the resignation of lawmakers in term of Article 64 of the Constitution, but the criteria were being avoided on the ground of process or ascertaining whether they were tendered voluntary or forcibly. He submitted that the government had no right to negotiate with these lawmakers to withdraw their resignations.
The court was prayed to declare that the Senate chairman and the National Assembly and Sindh Assembly speakers were bound to ascertain whether the resignations tendered by PTI and MQM lawmakers were presented voluntary or out of fear.