NA Speaker cannot proceed against Leader of Opposition

ISLAMABAD: The Speaker National Assembly cannot proceed against Leader of the Opposition Shahbaz Sharif for his absence from the House and he cannot force him to attend the session. The National Assembly Secretariat hasn’t received any communication till Friday evening on behalf of Federal Minister for Science and Technology Fawad Chaudhary asking the Speaker to initiate process of removing Leader of Opposition Shahbaz Sharif from the slot on account of his absence from the House and incidentally he isn’t privileged to make such move being member of the other side of divide in the House.

Likewise, former state Minister for Interior Talal Chaudhary has not submitted any request for proceeding against the leader of the House/Prime Minister Imran Khan for staying absent from the House till Friday evening. He isn’t member of the National Assembly and isn’t entitled to make such request.

Fawad Chaudhary has reportedly urged the Speaker to inquire from Shahbaz Sharif about his schedule for returning in the House. The sources reminded that the Speaker doesn’t enjoy authority to ask Leader of the House or Leader of Opposition about their schedule for turning up in the House. The Rules of Procedure and Conduct of Business in the National Assembly 2017 don’t empower the Speaker to initiate action against the Prime Minister and Leader of the Opposition as has been desired by the two stalwarts of their respective parties.

Shahbaz Sharif who was Chairman of the Public Accounts Committee (PAC) of the National Assembly opted to quit the office due to his engagements and a member of the committee belonging to the Pakistan Muslim League (PML-N) had replaced him in the office. Shahbaz Sharif left for London in December last to company Quaid of the PML-N and former Prime Minister Nawaz Sharif who is elder brother of Shahbaz. Nawaz Sharif was critically unwell and being treated in a London hospital and his physical examination and test are being carried out since then. He was on the so-called exist control list (ECL) but the learned Lahore High Court permitted him to proceed abroad for the treatment and the PTI government granted him permission for undertaking the journey abroad.

Nawaz Sharif is expected to be subject to a complex cardiac procedure next week in London. His mother has also joined him to be present on the occasion while Shahbaz Sharif has planned to return home in third week of March.

The sources said that statement attributed to Fawad Chaudhary and rejoinder by Talal Chaudhary has no weight in the eyes of law. The Parliamentary sources have pointed out Rules of Procedure and Conduct of Business in the National Assembly 2017 for regulating and transacting the business of the House, which deal with the appointment and removal of the leader of opposition in the National Assembly. According to the rules Chapter V (19) pertains to the leader of the opposition (Page 39) says “Declaration of Leader of the Opposition.-(1) After the [each]1 general election and at any time thereafter the Speaker shall, declare Leader of the Opposition as early as possible after the [election of the Prime Minister].(2) After the [election of the Prime Minister], the Speaker shall inform the members about the date, time and place for submission of a name for the Leader of the Opposition under their signatures.(3) The Speaker shall declare a member as Leader of the Opposition having the greatest numerical strength after verification of the signatures of the members: Provided that any member who is not signatory to the proposal, if he presents himself before the count, and signs the proposal, shall be included in the count. The sources referred to the clause dealing with the removal of the leader of opposition and it says “2[39A.Removal of Leader of the Opposition.-(1)2A notice signed by a majority of the members of the Opposition may be given to the Secretary showing that the Leader of the Opposition has lost the support of the majority of the members of the Opposition.(2) Such notice shall be accompanied by the nomination of a proposed new leader of the Opposition signed by a majority of the members of the Opposition. (3) After verification of the signatures of the members, if the Speaker is satisfied that the Leader of the Opposition has lost the support of the majority of the members of the Opposition, he shall declare him to be removed from office. (4) When the Leader of the Opposition is removed, the Speaker shall immediately declare the member who has been nominated in sub-rule (2) as Leader of the Opposition.

39B.Vacancy in the office of Leader of Opposition.-Whenever the office of the Leader of Opposition becomes vacant, it shall be filled in the manner as provided in rule 39.]”in the meanwhile, sources said that any member including Prime Minister and Leader of the Opposition after becoming member of the House, don’t attend the National Assembly for forty consecutive days without taking leave or assigning acceptable reason, would cease the membership.

Prime Minister Imran Khan broke his long absence from the House by attending the joint sitting of the Parliament which was addressed by Turkish President Recep Tayyip Erdogan early this month while Shahbaz Sharif got his leave application duly approved by the House, the sources added.