ECP’s decision about dissident MPAs
THE country most populous province is descending into crises, one after the other, as Punjab Governor House is besieged by the civil administration following the unceremonious removal of Omar Sarfraz Cheema, while no-confidence motions are pending against the Punjab Assembly Speaker and Deputy Speaker.
As 25 PTI dissident members of the Punjab Assembly tried to seek save way in technicalities, their lawyers pleaded before a bench of the Election Commission of Pakistan that the spirit behind Article 63-A of the Constitution must not be allowed to be defeated.
Most of the 25 dissident MPAs tried to justify their action of voting in favour of PML-N Hamza Shehbaz Sharif 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. Although the spirit of Article 63A is to eradicate defections from the party politics.
It’s for general information that as per section 205 of Elections Acts 2017, before making an order for suspension or expulsion of a member from the political party, such member shall be provided with a reasonable opportunity of being heard and of show cause against the action proposed.
A member of a political party may be suspended or expelled from the political party membership in accordance with the procedure provided in the constitution of the political party.
In the light of this clause or section, the Speaker of Punjab Assembly should act upon as described in the section.
On the other hand the PTI dissidents in their replies raised questions about the validity of the declaration and the procedure adopted to seek their disqualification.
As per Article 63A, provided that before making the declaration, the party head shall provide such member with an opportunity to show cause as to why such declaration may not be made against him.
Party head means any person, by whatever name called as such by the party. In the current dissident case it’s considered the authority of party head is questionable and Election Commission has to look into matters deeply and all pros and cons has to be examined.
The hawks of PTI are criticising ECP’s authority without seeing its constitutional obligations.
The coalition government has made its way into Punjab as it managed the Chief Minister election, oath of the CM, election and eventual ouster of the Governor.
However, Governor House has been lying vacant for a few days. Outgoing Governor Cheema is saying there is a serious constitutional, legal and political crisis in Punjab.
The immensity of the challenges facing the people of Pakistan at the moment ought to have had a sobering effect on any party hoping to take responsibility for them.
One would have expected that the importance of loyalty to kin and country being preached from the pulpit every day would by now have translated to tangible measures to serve the people, even if at the expense of political capital here and there.
Sadly, our political parties’ obsession with seizing or keeping their political offices betrays a lack of ability to lead during a crisis.
One hopes that a time may not be visited on the country when the political leadership belatedly realises that its failure to build bridges cost the people of Pakistan dearly.
For now, it is a pity that this is the leadership we have to settle for in these tumultuous times.
—The writer is former Secretary Election Commission of Pakistan and currently Chairman National Democratic Foundation.
