The Election Commission of Pakistan (ECP) on Friday de-seated 25 dissident MPAs of Pakistan Tehreek-e-Insaf (PTI) for voting in favor of PML-N’s Hamza Shehbaz in the Punjab chief minister election last month.
A three-member bench of the ECP, comprising Chief Election Commissioner Sikandar Sultan Raja, Nisar Ahmed Durrani and Shah Mohammad Jatoi, heard the reference. The bench in a unanimous decision maintained that the PTI members had defected from the party.
“We are of the view that the casting of votes by the respondent[s] in favor of opposing candidate is a serious issue and worst form of betrayal of the electorate and party’s policy. Therefore, we hold that the defection in the subject cases shall not depend upon strict proof of observance of prerequisites as provided in Article 63-A,” the election commission bench said in its judgment.
“The declarations are confirmed and the respondents cease to be members of Punjab Assembly and their seats become vacant.”
Impact of decision on CM elections
The votes of the 25 PTI dissidents had been instrumental in helping Hamza win the chief minister election in April. Hamza received a total of 197 votes while he needed 186 votes for a simple majority. Since these 25 PTI members have been de-seated and are no longer members of the Punjab Assembly, Hamza has lost his majority.
The decision comes after the Supreme Court of Pakistan announced its decision on a presidential reference seeking the apex court’s interpretation of Article 63-A, related to the disqualification of lawmakers over defection. The top court had announced its decision earlier this week.
What is Article 63-A?
The Article 63-A of the constitution of Pakistan seeks to restrict elected members of the national assembly and provincial assemblies from voting (or abstaining) in violation of party instructions “in relation to the 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”.
Apex court’s interpretation of Article 63-A
In its interpretation of Article 63-A, Supreme Court said that votes of lawmakers 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, an action that would result in a declaration of defection”.
The dissident lawmakers
- Raja Sagheer Ahmed
- Malik Ghulam Rasool Sangha
- Saeed Akbar Khan
- Mohammad Ajmal
- Abdul Aleem Khan
- Nazir Ahmed Chohan
- Mohammad Amin Zulqernain
- Malik Nauman Langrial
- Mohammad Salman
- Zawar Hussain Warraich
- Nazir Ahmed Khan
- Fida Hussain
- Zahra Batool
- Mohammad Tahir
- Aisha Nawaz
- Sajida Yousaf
- Haroon Imran Gill
- Uzma Kardar
- Malik Asad Ali
- Ijaz Masih
- Mohammad Sabtain Raza
- Mohsin Atta Khan Khosa
- Mian Khalid Mehmood
- Mehar Mohammad Aslam
- Faisal Hayat