The proceedings of the budget session of NWFP confronted a constitutional controversy after joint opposition in the house questioned the legality of the business due to vacancy of Deputy Speaker for the last 15 months.
Abdul Akbar Khan, senior parliamentarian and parliamentary leader of PPP-Parliamentarians on a point of order raised the issue. He questioned the legality of the business of the house and asked Speaker, Bakht Jehan Khan to give ruling over the matter.
After heated debate over the matter from both opposition and treasury benches, the speaker has sought the Advocate General's point of view. The Advocate General would appear in person to assist the house. The speaker has pledged that he would give his ruling during the current session of the house.
Opposing the point of order, NWFP Minister for Local Bodies and Rural Development, Sardar Mohammad Idrees said that the constitution does not prohibit continuation of business of the house under Article 53 of the Constitution in the absence of the deputy speaker. He said that no doubt, Abdul Akbar Khan is a good legislator, but some time he misguides the house. He said that it is the prerogative of the chair to give his ruling or keep it reserve for indefinite period.
The opposition leader, Shahzada Gustasip Khan rejected the contention of the minister and said that the member is seeking resolution of the legal point raised by Akbar Khan saying that the later is not misguiding rather assisting the house. He was of the view that the continuation of the procedure would mean rejection of the point of order.
The speaker agreed with the contentions that the matter is very important, therefore the point of view of the Advocate General in this regard would be better. However, he said that business of the house would continue. Abdul Akbar Khan said that in that event all the business transacted in the house would be invalid.
Siraj-ul-Haq, former senior minister also agreed with the contentions of Akbar Khan. However, he said that when the matter was tolerated for 15 months, then heaven would not fall if they wait a little more.
The house, he said should talk on the problems faced by the people, saying budget is the matter of 20 million population of the province while the matter of deputy speaker has no concern for the public. He said that the house has run even in the absence of speaker through a panel of chairmen.
Siraj-ul-Haq was of the view that in case of giving preference to discuss the matter of deputy speaker over the budget, the people would consider it the waste of time. Bashir Ahmad Bilour of ANP took exception to the speech of Siraj-ul-Haq, saying budget has nothing for the poor and will not help cut in the prices of necessary household items like ghee, flour and sugar etc.
He called to invite the Advocate General to the house immediately to discuss the matter in the second session of the day and let the proceedings complete. Khalil Abbas Khattak, ANP member from Nowshera said that the opposition in the country is struggling for the supremacy of constitution, law and institutions.
The opposition in the house, he said is talking of fulfilling the constitutional requirements in the country. He rejected the budget saying it has given no relief to the public.
The provincial ministers including Asif Iqbal Daudzai, Sardar Mohammad Idrees, Shah Raz Khan, Hussain Ahmad Kanju and Mian Nisar Gul of Pakistan Tehrik-e-Insaf (PTI) called for continuation of business and to seek the legal view of the Advocate General. Later, the house initiated debate on the budget.






















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