28 April 2005	Thursday	18 Rabi-ul-Awwal 1426

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ISLAMABAD April 27: The opposition in the Senate agitated on Wednesday against delay in the election for the vacant office of deputy chairman of the upper house and termed it a violation of constitutional provisions and the rules of business. The office of the deputy chairman fell vacant when Commander Khalilur Rahman took over as governor of the NWFP last month and the upper house remained without a head for some time because at that time its Chairman, Muhammadmian Soomro, was acting as president in the absence of General Pervez Musharraf.

After arguments of the two sides, the chairman reserved his ruling to study what he said ‘a very interesting’ situation. He said the issue held substance and he would consult the people concerned before taking a position.

The ruling coalition’s chief whip Kamil Ali Agha proposed to the chair to refer the issue to the law ministry for a legal opinion which could be taken up in the next session. The proposal, however, was opposed by the opposition.

Speaking on a point of order, Leader of the Opposition Mian Raza Rabbani said that under the rules the office of the deputy chairman should be filled in the first session held after the office falls vacant.

He said in the event of the Senate chairman taking over responsibility of the acting president of Pakistan, the Senate remains without a head if the office of its deputy chairman is vacant.

He said that if the chairman left the country in a few days, as he was scheduled to visit Italy in near future, there would be no-one to chair the sessions of the upper house.

Dr Sher Afgan, the Minister for Parliamentary Affairs, was of the opinion that there was no violation of rules or constitution in keeping the office of the deputy chairman vacant nor the functions of the chairman were hampered due to delay in election of deputy chairman. He said the constitution had no provision binding the chairman to ensure election in the following session of the Senate.

He said election to fill the vacant office could be held in the next session to be summoned by the president as the current session had been requisitioned by the opposition.

Dr Khalid Ranjha quoted rules 13 and 14 which deal with appointment of a panel of three presiding officers by the chairman at the start of every session.

Mr Rabbani, however, insisted that election to the vacant office of deputy chairman should be held in the current session.

Prof Khurshid of the MMA supported the plea taken by the leader of the opposition and said that when the chairman was fully authorised to summon and prorogue the Senate he must hold elections to fill the office of the deputy chairman in the first session after the office fell vacant.