Governors to call PA sessions

Published March 14, 2008

LAHORE, March 13: Gover-nors will summon the first sessions of the provincial assemblies on the date and time specified by the chief ministers to avoid the controversy whether the Constitution of Pakistan or the Revocation of Proclamation of Emergency Order (RPEO) 2007 is superior.

This was disclosed by official sources on Thursday, clarifying that specification of the date for the sessions by the president would be taken by the political parties as if the RPEO was superior to the constitution.

Explaining, they said the RPEO, which was issued on Dec 15, 2007 to withdraw the emergency proclaimed on Nov 3, 2007, prescribed that "the first meeting of a provincial assembly shall be held on a day to be specified by the president for the election of the speaker and deputy speaker, and for transaction of such other business as the president may specify.

But, they said, Clause 7 (1) of the same order made it superior to the constitution. According to it, "the provisions of this order shall have effect notwithstanding anything contained in the constitution or any other order or law for the time being in force."

Now, the officials said, under Article 109 of the Constitution, a governor summons the session of a provincial assembly on the advice of the chief minister who specifies its date and time.

They said the existing federal government considered that the order, which had lifted the emergency and revived the constitution, had become a part of it (the constitution). Elections were held under the same order which had also been sanctified by the Supreme Court. But, they said, the political parties contended that the order was not part of the constitution and needed a ratification by the new assembly.

The officials admitted that the clauses about the specification of the date for the first sessions of the provincial assemblies did exist both in the order and the Constitution. But the session at least in Punjab would be convened on the date and time to be specified by the chief minister strictly in accordance with the Constitution.

"The country needs to move forward. I think everyone is interested in summoning the session as early as possible," an official remarked. — Intikhab Hanif

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