The Election Commission of Pakistan (ECP) clarified on Thursday that it was authorised to decide on matters pertaining to floor crossing only after receiving a declaration about dissident lawmakers from the National Assembly (NA) speaker.
The ECP's statement has come amid speculation that the ruling Pakistan Tehreek-i-Insaf's lawmakers would defect during voting on a no-confidence motion against Prime Minister Imran Khan, which is expected to take place later this month.
The electoral watchdog said it had been noted that the government functionaries were criticising the commission on different forums for not taking any "practical measures" regarding floor crossing in relation to the no-trust vote against the prime minister.
"Since these statements are being broadcast on the national media, it is imperative that the election commission clarifies its constitutional and legal responsibility," the ECP statement read.It said the details of a lawmaker's disqualification over defection were described under Article 63 (A) of the Constitution.
According to this Article, the ECP said, a party head needs to declare in writing that a lawmaker has defected and a copy of the declaration is to be sent to the presiding officer (who is the NA speaker in this case) and the chief election commissioner.
But before making such a declaration, the commission added, lawmakers said to have defected must be given an opportunity to show cause as to why such a declaration may not be made against them
Following that, the presiding officer (the NA speaker) would send the declaration regarding a dissident lawmaker's disqualification to the chief election commissioner within two days.
"If he (the presiding officer) fails to do so, it would be assumed that the chief election has received the declaration."
The ECP said the chief election commissioner would then present the declaration before the commission, which would decide the matter in 30 days.
"The election commission's role will start after a party member defects, the party head makes a declaration and the [NA] speaker sends the declaration to the election commission," the watchdog explained.
Moreover, the ECP cited Articles 218 (1) and 219 of the Constitution, saying that the commission had the responsibility to hold parliamentary, provincial assembly, local government and other elections. Additionally, under Article 41 (3) of the Constitution, that ECP had the responsibility to hold elections for the office of the president, the statement added.
However, the ECP said, the commission had nothing to do with the prime minister's election and proceedings of a no-trust motion filed against him, the procedure for which was detailed under Articles 91 (4) and 95 of the Constitution, respectively.
The NA's rules of business also outlined these procedures, the ECP said, adding that the NA speaker conducted the no-confidence proceedings in the capacity of a presiding officer.
The commission further said it had the ability to hold elections for the prime minister's office and no-confidence proceedings against him, but made the implementation of the same conditional to the ECP being authorised in this regard through necessary legislation.
The ECP said it was "well aware" of matters in which it had been authorised and had been fulfilling its responsibility in accordance with the law and Constitution.
Prime minister’s adviser Dr Babar Awan appeared confident that the ruling party would not let its dissenting members cross the floor on the voting day under Article 63-A of the Constitution.
In a politically charged environment, the government is trying to put a brave face and believes that Prime Minister Khan would defeat the no-trust move against him, saying that the opposition had so far failed to present a name for the slot of the next prime minister in case the motion becomes successful.
The interior minister, speaking at an event organised by the Islamabad Women Chamber of Commerce and Industries in Islamabad on Sunday, also backtracked from the allegation he made against the PML-Q a day earlier accusing the party of “blackmailing” the government for Punjab’s chief minister position in return for support during the no-trust move.
The minister said his remarks were “general” and not directed at any particular party.He said the National Assembly speaker would decide after March 15 about the date of session on the no-confidence resolution against the premier. Earlier, he had said the session would be convened after March 23.
Rashid says speaker to decide date of vote after Tuesday
The opposition submitted the resolution against Prime Minister Imran Khan on March 8 and also requisitioned a National Assembly session. After the lower house is in session, the rules of procedure dictate that the secretary will circulate a notice for a no-confidence resolution, which will be moved on the next working day.
From the day the resolution is moved, it “shall not be voted upon before the expiry of three days, or later than seven days”, according to the rules of procedure. Therefore, the speaker must call the lower house in session by March 22, while voting on the no-confidence motion must take place between three and seven days after the session is summoned.
The interior minister said it was up to the speaker to decide when to call the session. He said the speaker would decide after March 15 since there was an Organisation of Islamic Cooperation (OIC) conference on March 21 and 22.
Responding to a question, the interior minister elaborated that it was the speaker’s job and power to call a National Assembly session and his decision “can’t be challenged in any court”.
“Whatever decision the speaker takes will be a legal and constitutional one,” he added.
The minister said the opposition had the complete right to make a no-trust move but cautioned that the country should not be forced towards “anarchy”.
Earlier, the interior minister warned that the army could also be deployed in the federal capital under Article 245 of the Constitution if needed during the National Assembly on the no-trust motion.
In a press conference on Saturday, the minister said: “If needed, the army could be called under Article 245, but I hope there would be no need to deploy the army as the Rangers and FC [Frontier Corps] have already been summoned for seven days [from March 23 to March 30],” he added.
Babar Awan
Meanwhile, Adviser to Prime Minister on Parliamentary Affairs Dr Babar Awan on Sunday said that the intent of Article 63-A of the Constitution was not to allow anyone to cross the floor who got the vote in the name of party leadership. “We will crush the no-confidence motion through the Constitution and the law,” he claimed.
He said that the incumbent PTI government would complete its five-year tenure and would be re-elected with the support of people for another term of five years until 2028.
Mr Awan expressed these views while addressing a three-day overseas convention, which is being organised by the party’s overseas chapter to recognise the services of expatriate Pakistanis for the country.
He thanked all overseas Pakistanis who stood by the PTI leadership in “exposing the corrupt elements hiding in foreign countries”. “You all are standing with a leader for the national interests who rejected the ‘do more’ demands and said ‘absolutely not’ on different issues,” he added.
Fawad Chaudhry
Minister for Information and Broadcasting Chaudhry Fawad Hussain on Sunday said the fragmented opposition wanted to overthrow the government but neither the name of the candidate for the prime minister nor for the Punjab chief minister had been given.
In a tweet, he said that the only goal of the opposition was to get rid of the corruption cases against its leaders.
He said that Imran Khan was the “only genuine leader” of Pakistan. “All the opposition parties were like house of cards which would be blown away by the D-Chowk public rally of the PM,” he added.