ISLAMABAD: Former chief justice Iftikhar Mohammad Chaudhry questioned on Monday the legality of the return of Pakistan Tehreek-i-Insaf’s legislators to assemblies, saying that in accordance with the constitution their resignations should be considered to have been accepted.

Talking to newsmen at the residence of Supreme Court’s Advocate Nayyab Gardezi, where he had gone to condole with him on the death of his uncle, he said the PTI members should not have been allowed to attend the joint session of parliament.

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Mr Chaudhry said the return of PTI to the National Assembly had contradicted Imran Khan’s previous statements.

He said that under the law as soon as the National Assembly Secretariat had received the resignations of PTI lawmakers their seats had fallen vacant.

“Moreover, if a member of parliament remains absent for more than 40 days without intimation, his membership is suspended,” he said.

In reply to a question, the former chief justice said the establishment of a judicial commission to investigate alleged rigging in the 2013 elections would be a violation of Article 225 of the constitution.

Mr Chaudhry said he would appear before the judicial commission to contest allegations levelled by PTI chief Imran Khan against him, returning officers and the judiciary. “I have not done any rigging or tried to influence anyone,” he said.

Published in Dawn, April 7th, 2015

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