ISLAMABAD: The Election Commission of Pakistan (ECP) has postponed the announcement of verdict on references seeking the disqualification of 25 dissident PTI MPAs who voted for Pakistan Muslim League-Nawaz’s (PML-N) Hamza Shehbaz in the election for Punjab chief minister.
According to details, the electoral body had reserved the verdict yesterday and stated that it would be announced at 12pm today. However, the case was later de-listed from the Election Commission’s cause list for the day.
Punjab Assembly Speaker Pervez Elahi had filed a reference with the ECP against these MPAs under Article 63(A) of the Constitution for voting in favour of PML-N’s Hamza Shahbaz in the election for the Punjab chief minister.
The Election Commission’s verdict is particularly significant in light of the Supreme Court’s decision on a presidential reference seeking its interpretation of Article 63-A, related to the disqualification of lawmakers over defection.
Article 63-A seeks to restrict lawmakers from voting (or abstaining) in violation of party instructions “in relation to election of the prime minister or chief minister; or a vote of confidence or a vote of no-confidence; or a money bill or a Constitution (amendment) bill”.
In its interpretation of this Article, the apex court said votes cast against party direction “cannot be counted and must be disregarded, and this is so regardless of whether the party head, subsequent to such vote, proceeds to take, or refrains from taking, action that would result in a declaration of defection”.
The votes of the 25 PTI dissidents had been instrumental in helping Hamza get over the line; he received a total of 197 votes while 186 votes are required for a simple majority. If the 25 votes by PTI lawmakers are removed from his tally, he would lose his majority.
Most of the 25 dissident MPAs tried to justify their action of voting in favour of Hamza by claiming that they had received no directives from the party. They raised procedural objections and claimed they never received any show-cause notices — a mandatory requirement.
However, PTI’s counsel, Barrister Ali Zafar, argued that the MPAs were issued instructions by the party’s chief whip in the Punjab Assembly, as well as, Secretary General Asad Umar through a letter.
