ISLAMABAD: The Election Commission of Pakistan (ECP) on Tuesday reserved its judgement in the disqualification reference against Pakistan Tehreek-i-Insaf (PTI) dissident and MNA Aaisha Gulalai after completion of arguments from both the sides. The decision will be announced on Oct 24.

Ms Gulalai, who had been elected MNA on a reserved woman seat from Khyber Pakhtunkhwa, was represented by her lawyer Barrister Masroor Shah, whereas Sikandar Bashir Mehmand appeared before the five-member ECP headed by (rtd) Justice Sardar Mohammad Raza on behalf of PTI Chairman Imran Khan.

The speaker of the National Assembly had forwarded the disqualification reference to the ECP in August after receiving it from Imran Khan.

The PTI chief had sought disqualification of the MNA for allegedly violating the party discipline and abstaining from voting for the party-designated candidate in the election for the office of prime minister, which the party believed constituted a valid and actionable ground under Articles 63A(1)(a) and 63A(1)(b)(i) for declaring her a defector.

Hailing from the tribal area, Ms Gulalai shot to prominence when she publicly accused Imran Khan and his “gang” of having “immoral character”, alleging that Mr Khan forwarded inappropriate and explicit text messages to her and other party women.

Ms Gulali appeared before the ECP on Sept 19 and submitted a written reply to the allegations levelled against her by the party. She alleged that Mr Khan sent the reference as she had accused him of harassing her.

Arguing before the ECP bench, Imran Khan’s counsel Sikandar Bashir Mehmand said that Ms Gulalai had no right to retain the National Assembly seat since she announced of quitting the party.

Responding to a query of the CEC about the procedure for quitting a politicalparty, Mr Mehmand said the PTI’s constitution was silent on the issue of the resignation by any member. However, he said the party chief had the powers to suspend or expel any member. He said the party stopped taking disciplinary action against Ms Gulalai because she said that she had decided to resign from the party. He said constitutionally, it was not possible for any member to retain the National Assembly seat after quitting the party.

He further said Ms Gulalai had no constituency and was nominated by the party leadership to represent the party in the assembly on the reserved seat. Therefore, he said, she should be de-seated merely on declaration by the party chief.

When the CEC asked if the party served notices to others who did not vote during the election of prime minister, he replied that they were not issued notices since they had not announced of quitting the party.

Ms Gulalai’s lawyer denied that his client had quit the PTI, adding that the MNA in her speech on the floor of the National Assembly on Aug 7 had explained her position in this regard.

Published in Dawn, October 18th, 2017