Daily Times

Advocate Supreme Court Hafiz Ahsaan Ahmad Khokhar has said that Election Commission of Pakistan while pronouncing the recent judgment has given the plain meaning of Article 63A (1) (4) of the Constitution of Pakistan instead going into the procedural technicalities to other provisions relating to the directions of Parliamentary Party, Party Head and show cause process of the same Article, and has confirmed the declaration received by “Party Head” under Article 63 (4) of Constitution, which resultantly all 25 members of Punjab Provincial assembly, against whom the references were filed before the Election Commission of Pakistan by PTI, are now ceased to be members of Punjab assembly and their seats have become vacant.

However, according to constitutional experts, these Provincial assembly members who are affected by the present declaration of Election Commission of Pakistan, has legal right to file appeals Article 63A (5) of Constitution before the Supreme Court of Pakistan and that appeal shall be decided within ninety days from the date of the filing of the appeal.

According to constitutional expert, that this is the first time in Constitutional history of Pakistan, when such declaration received from a “Party Head” has been confirmed under Article 63A (1) (4) of Constitution by the Election Commission of Pakistan since introduction of such Article in Constitution, and has confirmed the declaration that as these members of Punjab assembly have admitted from the record have casted their votes during the recent election of Chief Minister Punjab against the instructions of “Party Head”, thus there is no need of any further evidence, and their matter squarely fall Article 63 (4) of Constitution, which has the legal consequence of de-seating from the Provincial assembly.

Advocate Khokhar further said that until the recent judgment of Election Commission of Pakistan would not be suspended by Supreme Court, these members would remain unseated and resultantly, they would not participate in any proceeding of Punjab assembly. He said after such de-notification, Election Commission of Pakistan can announce the schedule of bye election upon these vacant seats as per Constitution and under the Election Act 2017.

Hafiz Ahsaan stated that the present both judgments by interpreting Article 63A (1) (4) of Constitution of Supreme Court of Pakistan and Election Commission of Pakistan announced this week would have great legal and political impact on Punjab and generally to all over Pakistan in future.