Verification of resignations: LHC short order stipulates two chances to 72 PTI ex-MNA
LAHORE: The written short order of the Lahore High Court against the acceptance of the resignations of 72 Pakistan Tehreek-i-Insaf’s former MNAs says that two opportunities shall be granted by the National Assembly speaker to them for the verification of their resignations.
Justice Shahid Karim had announced the short order the other day allowing the petitions filed by PTI leaders Shafqat Mahmood and Riaz Ahmad Fatyana.
The judge says the notifications challenged in the petitions and issued by the National Assembly secretariat purportedly having been issued with the concurrence of the NA speaker are held to be without lawful authority and of no legal effect having been issued in contravention of the provisions of the Constitution, the rules of the assembly and the judgments of the superior courts.
He observes that the matter of voluntary nature of the resignations as well as their genuineness shall be placed before the NA speaker once again who shall determine each resignation by the petitioners/members to have been submitted voluntarily as also whether the resignations were genuine.
“For the purpose, each member shall be called separately for the satisfaction of the speaker of the National Assembly,” Justice Karim orders adding that at the most two opportunities shall be granted by the speaker to the members to appear for his satisfaction.
The judge maintains that in case the members choose not to appear, then the speaker will be at liberty to decide upon the resignations in his discretion.
“Consequent to above, the impugned notifications issued by the ECP are also set aside having been issued without lawful authority,” the order concludes.
The judge says a detailed order with reasons would be released later.
The PTI lawmakers had taken a plea that they resigned en masse on the party`s directions only to force the government to hold fresh elections.
They said that en masse resignations could not be accepted and each MNA had to submit a handwritten resignation.
Published in Dawn, May 21st, 2023