BR100 Decreased By (-0.06%)
BR30 Decreased By (-0.31%)
KSE100 Decreased By (-0.03%)
KSE30 Decreased By (-0.02%)
AGHA 6.74 Increased By ▲ 0.06 (0.9%)
BECO 4.39 Increased By ▲ 0.02 (0.46%)
BML 57.03 Decreased By ▼ -0.29 (-0.51%)
BOP 30.29 Decreased By ▼ -0.06 (-0.2%)
CNERGY 13.12 No Change ▼ 0.00 (0%)
CSIL 5.35 Decreased By ▼ -0.06 (-1.11%)
FCCL 52.78 Decreased By ▼ -0.01 (-0.02%)
FFL 14.62 Decreased By ▼ -0.10 (-0.68%)
FNEL 1.12 No Change ▼ 0.00 (0%)
KEL 6.11 Increased By ▲ 0.02 (0.33%)
KOSM 6.15 Increased By ▲ 0.42 (7.33%)
LOTCHEM 26.50 Increased By ▲ 0.04 (0.15%)
MLCF 93.15 Decreased By ▼ -0.01 (-0.01%)
NBP 164.90 Increased By ▲ 0.24 (0.15%)
NCPL 55.55 Decreased By ▼ -0.11 (-0.2%)
NPL 60.70 Decreased By ▼ -0.46 (-0.75%)
OGDC 315.51 Decreased By ▼ -1.22 (-0.39%)
PACE 10.00 Increased By ▲ 0.13 (1.32%)
PAEL 35.51 Decreased By ▼ -0.12 (-0.34%)
PIBTL 14.81 Increased By ▲ 0.13 (0.89%)
PPL 224.70 Decreased By ▼ -2.21 (-0.97%)
PRL 92.80 Decreased By ▼ -0.22 (-0.24%)
PTC 60.10 Decreased By ▼ -0.16 (-0.27%)
SSGC 23.78 Decreased By ▼ -0.03 (-0.13%)
TBL 8.78 Increased By ▲ 0.03 (0.34%)
TELE 7.87 Increased By ▲ 0.07 (0.9%)
TPL 22.35 No Change ▼ 0.00 (0%)
TPLP 12.85 Decreased By ▼ -0.12 (-0.93%)
TREET 22.16 No Change ▼ 0.00 (0%)
TRG 56.52 Decreased By ▼ -0.04 (-0.07%)

ISLAMABAD: The Islamabad High Court (IHC) was approached by 10 Pakistan Tehreek-e-Insaf (PTI) MNAs against the acceptance of their resignations by Speaker National Assembly and subsequently denotified by the Election Commission of Pakistan (ECP).

A single bench of Chief Justice Athar Minallah will hear their petition Thursday (Oct 6).

The petition has been filed by Ali Muhammad Khan, Fazal Muhammad Khan, Shaukat Ali, Fakhar Zaman Khan, Farrukh Habib, Ijaz Ahmed Shah, Jamil Ahmed Khan, Muhammad Akram, Dr Shireen Mazari, and Shandana Gulzar Khan, whose resignations were accepted by the Speaker and subsequently denotified by the ECP.

The petition filed through Barrister Syed Ali Zafar cited speaker NA, secretary NA, ECP, and the federation through Secretary Cabinet as respondents. Barrister Zafar stated that the 10 petitioners, along with 113 other PTI MNAs, en masse tendered resignations on the party directions and were subject to all the 123 members of the National Assembly belonging to PTI resigning and being de-seated in tandem, jointly and as a whole.

PTI to approach IHC on resignation issue: Umar

Barrister Zafar has taken a ground that the Speaker did not conduct any due enquiry nor any verification from the petitioners as required by the Constitution. He further stated that while accepting the resignations, the Speaker did not follow the requirements of Article 64 as laid down by the superior courts.

He added that the Supreme Court has held in various judgments that under Article 64 of the Constitution the Speaker while receiving the resignation has a duty to ascertain personally whether the resignation was signed by the person resigning, whether it was voluntary and whether it was intended to act as a resignation.

He also said unless the said three requirements of the resignation are satisfied and proved, the resignation cannot be given effect as a “resignation” under Article 64 and the Speaker is required to conduct an enquiry and determine whether all three factors are proved while this enquiry has to take place as a matter of Constitutional law in this matter.

Copyright Business Recorder, 2022

Comments

Comments are closed for this article.