Deputy Speaker’s notification on resignation of PTI members declared unconstitutional, petition dismissed


Deputy Speaker’s notification on resignation of PTI members declared unconstitutional, petition dismissed

The Islamabad High Court dismissed PTI’s petition against the approval of staged resignations.

While hearing the case, Chief Justice Athar Minullah remarked that our decision is there in this case. We had written that we will not interfere in political cases. We had written in the judgment that the speaker of the National Assembly will do it, the court cannot do anything.

PTI’s lawyer Faisal Chaudhary appeared before the court and said in his arguments that you have never interfered in the affairs of Parliament, we also respect Parliament. It is not possible to accept these phased resignations. If you want to do it, approve 123 together.

The court said that at that time you had 34 members who had resigned. We had told in our decision that if an elected representative resigns, what will be the approval process.

Advocate Faisal Chaudhary told the court that the Deputy Speaker was then working as Acting Speaker who accepted 123 resignations. Not even a single member has challenged it. Faisal Choudhary said that 123 members of the PTI have resigned and only 11 have been accepted.

The Chief Justice remarked that he will not give instructions to the Speaker. What the Deputy Speaker did was call each member and accept their resignations. The Deputy Speaker did not follow the rule of accepting resignations. The Deputy Speaker would call each member and ask them to sit separately.

The Chief Justice said that there is a decision of this court regarding acceptance of resignations. You should put the decision before the Speaker to accept our resignation as such. The PTI lawyer said that he is a minority speaker, we don’t go to him.

The court said that there is a need to respect the parliament by changing its mindset. This satisfaction of the Speaker cannot be challenged in court.

The court said that the party should send one member to the speaker. There should be no hesitation in sending our members to the Speaker, to which PTI’s lawyer said that we have come to the court only when we hesitate.

The Chief Justice remarked that contrary to the constitution and the court decision, the Deputy Speaker could not accept resignations collectively. It is an admitted fact that the Deputy Speaker has not accepted the resignations collectively in the prescribed manner.

The Chief Justice remarked that until the resignations of the assembly members are accepted, is it not their duty to represent the people in the parliament? Every member resigning should appear before the Speaker individually and confirm the resignation. Members of the Assembly are not alone, they are representatives of all the people of their constituency. Everyone is bound to follow the constitution and the law.

The PTI lawyer told the court that Deputy Speaker Qasim Suri had accepted the resignations of PTI members of the assembly, on which the Chief Justice remarked that the notification of Deputy Speaker National Assembly Qasim Suri was unconstitutional.

The court requested PTI lawyer’s case to be placed before a larger bench and remarked that there is no need to constitute a larger bench. The PTI lawyer said that elections should be held in all 123 constituencies, to which Chief Justice Athar Manullah said that you know how much is spent in elections. People elect their representatives for 5 years. It is not a good thing that when Dil resigned and then contested the election.

The court dismissed PTI’s petition against approval of phased resignations.

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