ISLAMABAD: Pakistan Tehreek-i-Insaf (PTI) chairman Imran Khan is likely to challenge in the Supreme Court the Election Commission of Pakistan’s (ECP) decision to reject references for the de-seating of his party’s 20-members of the National Assembly (MNAs).

In a unanimous decision on May 11, a three-member ECP bench had rejected disqualification references sent by the PTI against 20 of its MNAs on the grounds that Article 63-A of the Constitution, which deals with lawmakers’ disqualification for committing defection, did not apply to those legislators who jumped ship in the run-up to the no-confidence motion against former prime minister Imran Khan in April.

An informed source told Dawn that the appeals were expected to be filed before the Supreme Court this week by Chaudhry Faisal Hussain, a lawyer, in which a plea would be made to the apex court to set aside the commission’s decision.

It is likely that the party might take an additional plea that the ECP had condemned it unheard.

The PTI is also likely to make a submission to the Supreme Court that the ECP decided the matter without recording of evidence and it did not take note of a fact that the MNAs concerned had not replied to show cause notices issued to them by the party.

The appeal is being moved after a PTI dissenter and ex-MPA from Punjab, Zahra Batool, challenged before the Supreme Court last week a May 20 ECP decision of de-seating 25 dissidents who voted for the PML-N’s Hamza Shehbaz in the election for Punjab chief minister.

Moved through her counsel Abdul Shakoor Paracha on May 30, the petition pleaded before the Supreme Court to set aside the ECP decision which found them guilty of defection under Article 63-A of the Constitution.

The constitutional provision stipulates disqualification on grounds of defection and it applies after a legislator resigns from his political party or joins another parliamentary bloc or votes, or abstains from voting, in violation of any directive issued by his parliamentary party during election of the prime minister or the chief minister, as well as on a vote of confidence or no-confidence against them.

The provision, however, requires the party head to give the affected member an opportunity to show cause as to why declaration of defection may not be made against him.

Upon receipt of the declaration, the presiding officer of the House concerned must lay the declaration before the Election Commission within two days. The commission has to make a determination about acceptance or otherwise of the reference within 30 days of its receipt. And if the ECP rules against a defecting legislator, the individual will cease to be a member of the House and the seat shall become vacant.

But the individual concerned may appeal to the Supreme Court against the ECP declaration within a month. The court is required to decide the matter within 90 days from the date of filing of the appeal.

While rejecting the PTI references against its MNAs, the commission had also dismissed its plea seeking more evidence and recording of statements of two of its leaders — Shah Mehmood Qureshi and Asad Umar.

Published in Dawn, June 7th, 2022