Islamabad High Court (IHC) on Notices were sent on Thursday to National Assembly Speaker Raja Pervaiz Ashraf, Electoral Commission. of Pakistan (ECP), etc. on petition filed by PTI against Adoption of resignations of its legislators in in parliament in “in parts”.
All PTI lawmakers resign en masse on April 11, two days after former prime minister Imran Khan was toppled from the top office after no-confidence joint opposition movement in in parliament against he succeeded.
In April, Ashraf decided to check the resignation of 123 PTI legislators by calling them individually or in small group in the form of about two dozen NPAs that belonged to the previously ruling party asked him to meet to clarify their position, according to the report in Dawn.
Sources in The NA Secretariat confirmed that the majority of resignations submitted by PTI MNA were not handwritten and had similar text typed on PTI letterhead. They said that the staff of the secretariat also there were doubts over signatures of some members because they did not match with those on assembly roll.
According to the rules of procedure and behavior of Business in National Assembly, 2007, a member may “by writing under his hand, in the name of the Speaker, resign.”
In 2020, when PTI was in power, former minister Sheikh Rashid said printed resignations are null and void when the PDM threatens mass resignations.
On July 27, the NA Speaker accepted the resignation of 11 deputies of in party.
Ali Muhammad Khan, Fazal Muhammad Khan, Shaukat Ali, Fakhar Zaman Khan, Farrukh Habib, Jameel Ahmed Khan, Muhammad Akram Cheema, Abdul Shakur Shad, Dr. Shirin Mazari, Shandana Gulzar Khan and Ijaz Ahmed Shah are MJs who were denoted from their places.
Subsequently party applied to IHC earlier this week for approval for all MNA PTI retirements and their designation.
During today’s hearing, PTI attorney Faisal Chaudhry stated that his counsel submitted a power of attorney of all 123 MNAs in court, after which they also became defendants in a business.
He claimed that on On April 11, then Vice Speaker Qasim Suri resigned. of all PTI parliamentarians.
Chaudhry then presented Suri’s order of 13 April. in court, which said: “I received a letter of resignation of 125 members of National Assembly, still owned by PTI announced in in house Makhdoom Shah Mehmood Qureshi, Vice Speaker of Parliament, PTI, on April 11, 2022
“I looked through all the resignations and came to the conclusion that all of them, except for resignation of Prince Muhammad Nawaz Allai, NA-12, and Javaid Hussein, NA-47, are both voluntary and sincere,” the statement said.
Order added that Suri accepted these resignations and ordered to notify the same in newspaper.
Chaudhry also introduced list of all 123 PTI MNAs in court.
After hearing his arguments, Judge Aamer Farouk sent notices to Ashraf, ECP and secretary Cabinet department.
He also instructed the National Assembly secretary make all entries in court through an authorized official and adjourned the hearing until 16 August.
The petition filed on Monday copy of which the available with Dawn.comstated that after the “regime change operation”, the PTI leadership decided to resign from the National Assembly, as they were seeking a “new mandate” from people of Pakistan.
It stated that, in accordance with decision of meeting of Parliamentary Party held in Parliament building on On April 11, 123 MPAs submitted their resignations, which were accepted by the Vice Speaker.
However, new-elected NA Speaker Raja Pervaiz Ashraf did not resign and did not forward them in the ECP on pretext of the so-called test of resignation”.
“Now, after of about three and a half half months, NA Speaker approved the resignation of a total of 11 MNAs of PTI” and forwarded them to the ECP, which notified lawmakers, the petition says.
“The contested act of so-called verification of resignation of PTI MNA hosted by current speaker of National Assembly and its purported approval of letter of resignation and sending it to the ESP in occasionally, despite fact that all 123 resignations of PTI MNA had already was accepted on 11 April by the then speaker, and the contested act of ECP to designate PTI members in piecemeal, are unsustainable”, petition added.
He asked the court to direct the NA Speaker to approve all MNA PTI resignations.
The petition also requested that direction be passed to the ECP for mass de-notification of these members.