ISLAMABAD, Jan 4: The opposition parties have plans to move a no-confidence resolution against Prime Minister Zafarullah Khan Jamali in the National Assembly to trap turncoats at a time when the anti-defection law has come into force.
Legal wizards of the opposition are considering this option of moving the resolution under Article 95 of the Constitution to create a situation for the defectors— mainly from the People’s Party Parliamentarians (PPP)— to clearly come out in the open or withdraw their support from the Jamali government that depends on their votes for its existence.
All the three opposition parties — PPP, PML-N and Muttahida Majlis-i-Amal — have suffered defection of about two dozens of their members. If the defectors’ support is not available to him, the prime minister will be left with only 162 members of his PML-Q and its allies— less than a simple majority in the 342-seat House.
The anti-defection law, which remained in abeyance since the Constitution and was partially revived last November, became effective from Jan 1, 2002.
The law applies to the parliament or provincial assembly members in three eventualities; when they vote or abstain from voting contrary to the directives issued by their parliamentary party in the election of the prime minister or the chief minister, or in a confidence or a no-confidence vote, or in passing a money bill.
The option of tabling the no-confidence resolution is being used to refute the argument of the government’s camp that those who had left their party when Article 63A was in abeyance would not be exposed to the vagaries of the defection law.
The government side is thinking that by the next budget session, when the defectors would again be asked to vote for a money bill, they would have smooth sailing.
A member of the opposition party said that though an argument could be built against the defectors on the grounds that the Supreme Court had, in the Khawaja Tariq Rahim case, held floor-crossing an immoral act, doubts would remain whether the Election Commission, which came into existence under the Provisional Constitutional Order, and the Supreme Court might not accept that argument.
The government is mainly relying on the recent Supreme Court judgment in the Mir Mohabat Khan Mari case in which the court had held that disqualifications provided under the Constitution would not be attracted while the Constitution was in abeyance, and the elections were being held under the Election Order 2002, which was issued by the chief executive by using his PCO powers.
The opposition members think that the only requirement for the no-confidence resolution was that it should be moved by not less than 20 per cent of the total membership of the National Assembly.
The turncoats will face legal action if they again vote for Mir Zafarullah Khan Jamali as they did on two occasions, and in case they follow directions of their parties, the Jamali government will be in dire straits.