ISLAMABAD, Dec 31: The immunity to defect from the party on whose ticket the MNAs and MPAs were elected ended on Dec 31, beginning a new phase of litigation in which a party leader would file declarations against such members who have voted against the party policy.

A high government official on the condition of anonymity told Dawn that Article 63A, dealing with defection of the members, have come into operation from Jan 1, 2003. Now only such provisions of the Constitution are in abeyance which require the existence of Senate.

The existing law on defection provides that the process of unseating a member would have to complete within four months from the date of filing of declaration by the party leader till the decision of the Supreme Court.

The government, which is in existence because of defectors, would be in difficult position if the defectors were unseated within the stipulated time.

The government’s legal experts are of the view that those who have “voted according to the dictates of their conscience when the clauses relating to the floor crossing were in abeyance” would be fully protected, but those coming after that would be hit by the floor crossing.

Under the existing defection law, as amended by the military government through LFO, the head of the party is empowered to declare that an MNA or an MPA has defected because as he voted against the direction in relation to, i) election of the prime minister or the chief minister, ii) in vote of confidence or a vote of no-confidence, iii) and on a money bill.

The National Reconstruction Bureau headed by a retired army general, which was often called as the think tank of the military government, had few month back given a long sermon to the nation on the virtues of having defection law.

Under the existing defection law, the party leader in writing can declare that a member has defected and forward the declaration to the Presiding Officer of the House concerned.

The party leader, however, is required to provide such a member an opportunity to show cause as to why such declaration may not be made against him.

The speaker can keep the declaration of the party leader with him only for two days and would have to refer it to the Chief Election Commissioner for a decision by the Election Commission within thirty days.