LEADER of the opposition in the Senate Barrister Aitzaz Ahsan tables the resolution.
LEADER of the opposition in the Senate Barrister Aitzaz Ahsan tables the resolution.

ISLAMABAD: In a belated show of unity, the opposition in the Senate on Wednesday defeated the government’s position with a majority vote of 52-28 by passing a resolution which states that a person who is ineligible to be elected as a lawmaker should also not become an office-bearer of a political party.

All opposition parties in the House — the Pakistan Peoples Party, Pakistan Tehreek-i-Insaf, Awami National Party, Mutta­hida Qaumi Movement and Pakistan Muslim League-Quaid — voted in favour of the resolution, which analysts view as a mere political gimmick which would have no legal impact.

There was division over voting among the Fata members, as five out of eight members were present in the house at the time of the vote, and three of them, including Hidayatullah, voted in favour of the resolution. Saleh Shah voted against the resolution and Hilalur Rahman chose to abstain. The resolution came after both houses of parliament had already passed the Elections Act, 2017 with an amendment to a clause of the Political Parties Order, paving the way for re-election of Nawaz Sharif as the Pakistan Muslim League-Nawaz chief. He was stripped of the position after being disqualified by the Supreme Court on July 28.

Leader of the opposition in the Senate Barrister Aitzaz Ahsan tabled the resolution, pointing out that an anomalous situation had arisen in Pakistan wherein a person who was disqualified to be a member of parliament could continue to be an office-bearer, even the head of a political party.

Adopted resolution states that a person ineligible to be elected as lawmaker should not become office-bearer of political party

“This may enable an unelected person, who gives up citizenship of Pakistan, or who is declared to be of unsound mind by a court of law, or who is otherwise disqualified by a court of competent jurisdiction to be a member of parliament, to determine the policies and take decisions of any party including the majority party from outside the parliament,” the resolution reads.

The resolution notes that parliament is thus left vulnerable to be held hostage by a person who is barred from entering it.

The opposition withdrew from discussion on four important agenda items they had proposed in order to pass the resolution. These were related to the disapproval of the recently conducted census, Irsa’s report on water crisis, non-appointment of a chairman for the Council of Islamic Ideology for nine months, and increasing incidents of disappearances in the country.

Barrister Aitzaz Ahsan suggested they drop the agenda items and discuss the issue pertaining to the position arising from the ‘possibility’ of appointment of people who had been disqualified from being elected to the parliament, as office-bearers of political parties.

Law Minister Zahid Hamid termed the resolution mala fide and noted that even holding a discussion on it should not be allowed. Disagreeing with the contents of the resolution, he wondered how a political party could hijack parliament.

Senator Nihal Hashmi of the PML-N noted that politicians were launching smear campaigns against each other as members of parliament.

“If we continue fighting this way, India will question why Pakistan was even formed,” he remarked. He was of the view that mudslinging in parliament would leave the youth of the country disenchanted with the political arena.

Leader of the House in the Senate Raja Zafarul Haq pointed out that Clause 203 of the election bill had been passed by the house and the bill had now become an act of parliament. He asserted that a law could not be altered by a resolution.

Published in Dawn, October 12th, 2017

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