Friday July 01, 2022

Delay in voting on no-trust to be violation of Constitution

A delay of a single day would be tantamount to defiance of the constitutional provision in Article-95

April 09, 2022
National Assembly of Pakistan. Photo: APP/File
National Assembly of Pakistan. Photo: APP/File

ISLAMABAD: The National Assembly will have to go for voting on the no-trust motion against Prime Minister Imran Khan today (Saturday) as no delay could be possible since that would be an infringement of Supreme Court’s verdict on Thursday.

The sources in the Parliament on Friday evening told ‘The News’ that all is set for the voting and NA Speaker Asad Qaisar would chair the proceedings, adding that the verdict of the apex court would be implemented according to it spirit, and could not be ignored. The situation of April 3, has been restored by the apex court, the last day as provided in the Constitution for voting on the no-confidence motion. A delay of a single day would be tantamount to defiance of constitutional provision in Article-95 defining “vote of no-confidence against prime minister.

It says that “Resolution (1) A for a vote of no-confidence moved by not less than twenty per centum of the total membership of the National Assembly may be passed against the prime minister by the House. Resolution (2) As referred to in clause (1) shall not be voted upon before the expiration of three days, or later than seven days, from the day on which such resolution is moved in the National Assembly. Resolution (3) referred to in clause (1) shall not be moved in the National Assembly, while the National Assembly is considering demands for grants submitted to it in the Annual Budget Statement. Resolution (4) referred to in clause (1) is passed by a majority of the total membership of the National Assembly, the prime minister shall cease to hold office.”

The sources reminded that the National Assembly worked on Sunday last (April 3) and in case the incumbent prime minister is voted out today, while the Speaker will fix Sunday (tomorrow) for filing of nomination papers and the same would be received till 2.00 pm. The scrutiny would be carried out till 3:00pm and subsequently a list of candidates would be issued. The voting could be fixed for Monday and after the election, the president would be asked to administer the oath of the office of the new prime minister/leader of the house of the National Assembly. The new prime minister could seek vote of confidence from the house on the following day or any other day of his convenience.

The sources said in all probability Shahbaz Sharif, who has been designated by the opposition in the National Assembly for the slot of the PM, would be next prime minister. Former prime minister and Quaid of PML-N Nawaz Sharif had asked Maryam Nawaz Sharif to be present in the Parliament House during the process of no-confidence against incumbent Prime Minister Imran Khan today, the sources added. The sources said that his son, Hamza Shahbaz, who is the Leader of Opposition in Punjab Assembly, wouldn’t be able to witness the occasion as he is engaged in Lahore for the contest of the chief minister Punjab slot, but Maryam Nawaz Sharif will be present for some time in the gallery allocated for visitors, in line with the instructions from her father.


    Umer commented 3 months ago

    No, it will not .. ur lawyer in SC makhdoom Ali khan himself said that any delay due to debate on VONC is protected under 22r and is not violation

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