Speaker National Assembly Sardar Ayaz Sadiq on Fri-day dismissed disqualification references submitted by Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan against three members of his party, it is learnt.
Six days ago, Imran Khan had written three separate letters (references) to the Speaker National Assembly for disqualification of his party MNAs Gulzar Khan, Nasir Khattak and Musarrat Zeb over violation of party's discipline under Article 63-A (Disqualification on grounds of defection, etc). The three members had refused to resign from the National Assembly.
The reference has been sent to the Speaker National Assembly, who will forward it to Election Commission of Pakistan for a formal notification to de-seat these three PTI members. PTI leadership had asked all its members of the National Assembly to submit resignations.
According to National Assembly Secretariat sources, the Speaker dismissed the references and ruled that none of the members has left PTI or joined any other party. Therefore the Article 63-A of the Constitution does not apply on three PTI members of the National Assembly.
According to Article 63A Disqualification on grounds of defection, etc:
(1) If a member of a Parliamentary Party composed of a single political party in a House-
(a) resigns from the membership of his political party or joins another Parliamentary Party; or
(b) votes or abstains from voting in the House contrary to any direction issued by the Parliamentary Party to which he belongs, in relations to-
(i) election of the Prime Minister or the Chief Minister; or
(ii) a vote of confidence or a vote of no-confidence; or
(iii) a Money Bill or a Constitution (Amendment) Bill
He may be declared in writing by the Party Head to have defected from the political party, and the head of the parliamentary party may forward a copy of the declaration to the Presiding Officer, and shall similarly forward a copy thereof to the member concerned: Provided that before making the declaration, the Party Head shall provide such member with an opportunity to show-cause as to why such declaration may not be made against him.
Explanation: "Party Head" means any person, by whatever name called, declared as such by the party.