KARACHI: The Sindh High Court on Tuesday issued notices for March 21 on a petition moved by nine former Pakistan Tehreek-i-Insaf MNAs from Karachi against the acceptance of their resignations by the National Assembly speaker.

However, the by-elections on the seats vacant by PTI’s Faheem Khan, Aftab Siddiqui, Ali Haider Zaidi, Saif-ur-Rehman Khan, Attaullah, Aftab Jahangir, Najeeb Haroon, Mohammad Aslam Khan and Alamgir Khan are scheduled to be held on March 16.

The PTI also filed an application for grant of a restraining order for the Election Commission of Pakistan to not hold by-polls in their respective constituencies on March 16. However, the bench comprising Chief Justice Ahmed Ali M. Shaikh and Justice Yousuf Ali Sayeed did not entertain the plea and adjourned the hearing till March 21.

The nine PTI lawmakers had petitioned the SHC stating that the verification of resignations was a constitutional requirement and no resignation was to be effected during or before such verification.

Citing the ECP, National Assembly speaker, cabinet secretary and others as respondents, the petitioners further submitted that the speaker’s act of accepting their resignations was a violation of law as he had to ascertain personally whether the document was signed by the person resigning and whether the same was voluntary.

Bench issues notices to respondents for March 21

They maintained that no inquiry was conducted as the petitioners never appeared before the speaker to confirm whether the resignations were voluntary and genuine or they actually intended to relinquish their seats.

The petitioners argued that the acceptance of their resignations was based on political considerations of the respondents and they never followed the law rather dictation from political high-ups.

They impugned the Jan 17 notifications issued by the speaker and ECP stating that the same were unlawful and in violation of several constitutional provisions.

They submitted that after de-notifying the petitioners, the ECP had also announced by-elections on such constituencies and fixed March 16 as the date of polling.

They further argued that on Feb 20, the Lahore High Court had suspended both the impugned notifications as well as the process of by-election on the petitions filed by the PTI’s former MNAs from Punjab.

The petitioners submitted that they had resigned from the National Assembly on April 11, 2022, but their resignations were not accepted until the PTI announced the return of its MNAs to the house to demand the office of the leader of the opposition.

They asked the SHC to declare the impugned notifications unlawful, illegal and in violation of Articles 64 and 224(4) of the Constitution read with Rule 43 of the Rules of Procedure and Conduct of Business in the National Assembly 2007.

The petitioners also pleaded to stay the March 16 by-polls in their constituencies.

However, the SHC bench only issued notices to the ECP and other respondents as well as a federal law officer for March 21.

Published in Dawn, March 1st, 2023