PTI filed a petition in Lahore High Court (LHC) on Saturday, asking to send the election commission of Pakistan (ECP) notify new MPA on reserved seats in Punjab Assembly after they became vacant after the ECP decision overthrow dissident legislators of in party.
Earlier this month total of 25 dissident PTI MPs, including five elected on seats are reserved for women and minorities, were deprived of their seats for vote for Hamza Shehbaz of PML-N in chief of the Punjab ministerelections. They have been officially de-notified by the ECP on May 23.
In a petition filed today by lawyer Amir Said Ron, parliamentary leader of the PTI in Punjab Assembly Mohammad Sibtein Khan stated that in accordance with Article 104 (5) of Electoral Law 2017, “If a seat is reserved for women or non-Muslims in The meeting becomes vacant as result of deathresignation or disqualification of member, it must be filled in through next human in order of priority from partyx list of candidates submitted to the Commission.
The petition stated that Khan presented the party with a priority list, according to which Batul Janjua, Saira Raza and Fuziya Abbas were next in line for women places, while Habcook Gill and Samuel Yacoub were nominated for minority places.
However, the defendants – ECP, Chief Electoral Commissioner (CEC) Sikandar Sultan Raja and the Punjab Provincial Electoral Commission – did not notify them as members, the petition says.
“Ladies and Minorities who are on a priority list have again as well as again contacted the respondents and presented their declarations on the results of the elections rules but respondents do not want to receive documents and do not notify them.”
The petition stated that Khan also appealed to the regional electoral commission on May 23 and 25 to accept declarations list and documents and forward this to the chief electoral commissioner, but “the defendant resists and does not listen to a legitimate request.”
He invoked Article 106 of Structure related constitution of provincial assemblies and stated that the respondents were violating the Constitution and not acting in conformity with law without notifying new members.
The petition says the respondents are doing this to “support government party in Punjab”.
He asked the court to instruct the KEC, the CEC and the provincial election commission to notify five new MPA and “call [them] personally” to ensure that they implemented article 106 of Constitution and Article 104(5) of Election law 2017.
LHC has fixed petition for hearing on Monday.
ESP verdict
votes of 25 PTI dissidents played an important role in help Hamza get over line in elections for Main minister; he received total of 197 votes while 186 votes are required for simple majority.
The dissident MPs were Raja Sakhir Ahmed, Malik Ghulam Rasul Sangha, Saeed Akbar Khan, Mohammad Ajmal, Abdul Alim Khan, Nazir Ahmed Chohan, Mohammad Amin Zulkernain, Malik Nauman Langreal, Mohammad Salman, Zawar Hussain Warraikh, Nazir Ahmed Khan, Fida Hussain, Zahra Batul, Mohammad Tahir, Aisha Nawaz, Sajida Yusuf, Harun Imran Gill, Uzma Kardar, Malik Asad Ali, Ijaz Masih, Mohammad Sabtain Raza, Mohsin Atta Khan Khosa, Mian Khalid Mehmood, Mehar Mohammad Aslam and Faisal Hayat.
After the election of Hamza as head minister on On April 16, PTI sent a declaration for announcement of 25 MPA defectors of Punjab Assembly Speaker Elahi, who was also joint candidate PTI-PML-Q for in CM Office.
Elahi subsequently sent a link to the ECP, urging her to overthrow these legislators. for defect from the PTI by abandoning their votes in favor of Hamza in violation of party directions.
On May 20, the election monitoring service issued an order for the resignation of these deputies, stating that they had defected from party under Article 63-A of Constitution that prohibits deputies from voting against in party line in elections of prime minister and chief minister, in a vote of confidence or a no-confidence bill to amend the constitution and money bill.
Since these 25 deputies are no longer members of chamber, Hamza lost his majority.
Distribution of five vacant reserved seats will occupy an important role if run-off elections are held.
The ETUC, according to lawyers, will now allocate these seats in accordance with current strength of each party in Punjab Assembly – This means PTI will get the most share it might be able to capture the coveted chief ministers post.
Punjab Assembly current has 346 members: PTI has 158 deputies, its ally PML-Q has 10, PML-N 165, PPP has seven, five independents and one Party Rah-i-Hak. However, it is not expected that the five “rebellious” MPs from PML-N support them party in in CM elections.
