August 16, 2008	Saturday	Sha'aban 13, 1429

ISLAMABAD, Aug 15: Islamabad High Court (IHC) on Friday was approached by a private citizen to find out an answer as to whether President Pervez Musharraf could be removed by a voting procedure during the impeachment process prescribed for the removal of the prime minister.

Shahid Orakzai moved a petition in the high court, contending whether the National Assembly speaker, who became member of the parliament on the ticket of the Pakistan People’s Party (PPP), could apply a method of voting to the convenience of the coalition government by denying members the freedom of vote which they had been granted by the constitution.

The petitioner also sought a stay against any voting during the joint sitting under Article 47 (8) of the constitution to protect the freedom of the members on the floor of the parliament.

He pleaded that both the National Assembly speaker and deputy speaker be directed to refrain from taking vote in any joint sitting of the parliament other than a secret ballot, until ruling on this petition. He also sought a declaration from the high court that no person elected under the constitution through secret ballot should be removed by any other method of voting.

He contended that all non-partisan constitutional office-holders including the president listed under articles 81 and 121 were elected and removed strictly through secret ballot.

The constitution, he stated, did not detail the voting procedure for the removal from office of the president, the speaker, deputy speaker or the chairman or deputy chairman of the Senate but the Rules of Procedure and Conduct of Business in the National Assembly laid down that the voting on any resolution for the removal of the speaker under Rule 12 should be through secret ballot.