April 27, 2006	Thursday	Rabi-ul-Awwal 28, 1427

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PESHAWAR, April 26: The Peshawar High Court on Wednesday admitted writ petitions of four former MPAs of the Muttahida Majlis-i-Amal challenging contentions about their resignations and their acceptance by the NWFP Assembly speaker.

A two-member bench, comprising Chief Justice Tariq Pervez Khan and Justice Raj Mohammad Khan, extended the interim relief earlier granted to two of the petitioners, Maulana Dildar Ahmad and Gorsaran Lal, and restrained the respondents, including the chief election commissioner, from taking any action against them.

The bench, however, declined to grant any interim relief to the other two petitioners, Rukhsana Raz and Yasmeen Khalid, as the CEC had notified two other women as MPAs on the two seats fallen vacant after the resignations.

While admitting the petitions, the PHC bench observed that the points raised by the petitioners needed to be worked out.

The petitioners’ counsels stated that the comments filed by the respondents did not indicate that the speaker had not inquired into the matter as per rules.

Advocate Yahya Afridi appeared for Maulana Dildar whereas Mian Muhibullah Kakakhel represented three other petitioners.

Mr Kakakhel argued that the speaker had to verify the resignations of an MPA before declaring his seat vacant.

He referred to article 64 read with article 127 of the constitution stating that the resignation tendered by an assembly member should be in his/her handwriting carrying his/her signature.

Justice Pervez inquired whether question of facts was not involved in the petitions as the speaker in his comments had stated that the resignations carried the MPAs’ signatures and he had verified the same with the assembly record.

Mr Kakakhel stated: “In various judgments of superior courts, it was ruled that the speaker should satisfy himself about genuineness of the resignation and has to confirm that it has been submitted by the member voluntarily and not under duress.”

He cited a judgment of the Peshawar High Court delivered in 1992 in the cases of two MPAs, Munawar Khan and Rehmatullah Khan, who were expelled from the Awami National Party and their resignations were accepted by the speaker.

The high court had set aside the notifications of declaring their seats vacant in that case and observed that resignation should be submitted voluntarily.

Mr Kakakhel argued that the case of the present petitioners was identical to that case as the MPAs had stated that they had never submitted resignations.

The bench asked him how it was identical as in the 1992 case, the speaker had clearly stated that the resignations were delivered not by the two MPAs in person but by ANP leaders Fareed Toofan and Abdul Raziq Khan whereas in present case the speaker had not confirmed that the resignations were not personally submitted by the petitioners.

The counsel stated that in the 1991 case, the high court had restored the membership of the ANP MPAs. “Our case is on stronger footings as the four petitioners have never confirmed submitting their resignations,” he added.