ISLAMABAD, Dec 2: Four members of the National Assembly belonging to the Muttahida Qaumi Movement have resigned from the membership amid a warning by the Election Commission that criminal cases could be filed against those lawmakers who had hidden their foreign nationality.

The media section of the National Assembly in a terse press release issued on Sunday confirmed resignations of the four MQM lawmakers, adding that Speaker Dr Fehmida Mirza had accepted their resignations with effect from Nov 29.

The reason for resignation, according to the press release, has been quoted as ‘personal’.

“Their resignations have been sent to the Election Commission for further necessary action,” said the NA secretariat.

Those who submitted their resignations were the MQM’s deputy parliamentary leader Syed Haider Abbas Rizvi, Syed Tayyab Hussain, Fauzia Ejaz and the minister of state for overseas Pakistanis, Dr Nadeem Ahsan.

According to an official of the Election Commission, criminal cases would be filed by the commission in district and sessions courts against the lawmakers who did not disclose their foreign nationality.

Once convicted, they would be automatically disqualified for five years from contesting the next election.

An MQM spokesperson, Wasay Jalil, said the legislators had resigned on personal grounds. He declined to comment when asked as if the MNAs were dual nationals. None of the four legislators were available for their comments.

The Muttahida has been in the forefront for allowing dual national Pakistanis to contest elections and become members of parliament.

On Saturday, four MQM and two PPP members of the Sindh Assembly had submitted their resignations.

The fact that all these MNAs and MPAs were part of the list who didn’t submit their affidavits on the status of their dual nationality before the EC, clearly suggested that they had refused to renounce their foreign passports.

The EC had set a deadline of Nov 30 for parliamentarians and MPAs to submit declaration on dual nationality.

After the resignation of four MNAs and six MPAs, there are still at least six lawmakers who have yet to submit their affidavits.

MNAs Aziz Sheikh of PPP and Dr Donya Aziz of PML-Q had argued before the EC that they didn’t acquire foreign citizenship, but were born there.

Therefore, in total the EC now has to deal with six lawmakers who have so far kept silent about their dual nationality.

They are: Maulana Mohammad Qasim of MMAP, Syed Allauddin and Chaudhry Tassadduq Masud Khan of PPP, Sabeen Rizvi and Dr Araish Kumar of PML-N and Senator Malik Salahuddin Dogar of PPP.

The EC will decide the fate of the lawmakers this week.

In the third week of Sept, the Supreme Court had sent home 11 lawmakers on the basis of their foreign citizenship and ruled that no one holding dual nationality can contest general elections and sit in legislatures.

The EC official said if a lawmaker was found to have deliberately concealed his/her foreign nationality, he/she would be booked under Section 72 of the Representation of the People Act 1976 that deals with lawmakers who “make or publish a false statement, submit false or incorrect declaration in any particular material.”

Section 82 of the act says if any person guilty of corrupt practice shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to Rs5,000 or with both.

Constitutional expert Barrister Zafarullah Khan confirmed the course of law that would be applied to such lawmakers. They have committed a crime for which they would have to face the court of law.

22nd Amendment: The only ray of hope for the lawmakers, said the ECP official, was the 22nd Amendment which the government intended to pass by parliament.

The bill seeks amendment to Article 63 of the Constitution dealing with disqualification of members of parliament.

It not only allows the dual nationals to contest the general elections but also nullifies the effect of the recent orders of the Supreme Court disqualifying a dozen legislators for possessing dual nationality as it will have a retrospective effect from Nov 1, 2007.

However, during third week of last month, the government despite having clear majority failed to shore up two-third majority in the Senate. The bill despite being on agenda of the house for a couple of days deferred till the next session that is expected later this month.

The challenge will be much difficult in the National Assembly, where the coalition partners of the government clearly lack two-third majority in the house of 342 members. However, if the government and the opposition PML-N reach some agreement on the 22nd Amendment, then the bill could be passed.

According to the government, dual national Pakistanis should be allowed to contest elections, and in the event their election, will have to renounce their foreign citizenships. But the PMLN insists they should relinquish their foreign citizenship before submitting their papers to contest elections.