–Five rebel lawmakers to be only issued show cause notices, no reference likely to be sent to ECP due to lack of evidence
–Defection clause can’t be invoked against rebels as they didn’t cross floor by meeting Punjab CM
ISLAMABAD: Pakistan Muslim League-Nawaz (PML-N) leadership is in a fix over its decision to expel its five members of provincial assembly (MPAs) of Punjab who had recently met with the Chief Minister Usman Buzdar “in violation of the party discipline”.
Though party’s secretary-general, Ahsan Iqbal, is yet to formally send references against the five rebel lawmakers, party insiders say that the strict action had been taken only to stop more defections within the party cadres as the ruling Pakistan Tehreek-e-Insaf (PTI) leaders were contacting more lawmakers of the party, encouraging them to part ways from the opposition benches.
The party leadership is in a fix to deal with the five rebel lawmakers who are likely to be issued show cause notices only, while no reference is likely to be sent to the Election Commission of Pakistan (ECP) due to lack of evidence. PML-N’s legal team has informed the party leadership that defection clause cannot be invoked against rebels as they didn’t cross floor by meeting CM Buzdar.
A source in the biggest opposition party told Pakistan Today that the party was reviewing its options over its earlier decision to expel its five MPAs from the party as meeting the chief minister did not fall under the defection clause invoked against the rebel MPAs.
“You know there was a group of around 15 lawmakers of Punjab Assembly who had also met the CM few months back. We fear another similar attempt as there are potential deserters among us. So, the party leadership has taken a strong stance to help stop the rebellion,” the source said.
The source added that the challenge posed to the PML-N was even bigger as this attempt is now being made by not only the ruling party but other influential players may also be active to split the party.
“PML-Q is active as well and Chaudhrys of Gujrat are trying their best to lure our party lawmakers. Since central Punjab is our stronghold, we fear desertions in northern and southern Punjab,” the source said.
The source said that though the strong statements have been made in media against the five lawmakers of the party, there is a little meat with the party on legal ground to get these rebel lawmakers sent packing under the defection clause.
“We are in touch with our legal team who say there is no evidence with the party to send references to the Election Commission against the rebel lawmakers who had claimed that they had met with the chief minister for resolving issues of their constituencies. So, it is a bid to help stop the rebellion,” the source said.
Another PML-N leader told this scribe that the party did not expel the rebel lawmakers and only show because notices were sent to the five MPAs.
“But I fear even the show because notices have no legal and constitutional status. The secretary general has got himself into a trouble by giving show cause notices to the MPAs who met the CM,” the source added.
The source said that the PML-N leadership, after consulting legal aides, has decided to keep the matter to issuing show cause notices only considering the constitutional situation.
WHAT DEFECTION CLAUSE SAYS
According to Article 63-A, disqualification on grounds of defection can take place if a member of a parliamentary party resigns from membership or joins another parliamentary party; or votes or abstains from voting in the House contrary to any direction issued by the parliamentary party to which he belongs, in relation 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; 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.
Former ECP secretary Kunwar Dilshad Ahmed also said that the lawmakers cannot be disqualified on meeting with the chief minister.
“Even the [show-cause] notices published in media are also vague and the questions raised have no legal point. The MPAs are members of a house and they may have met with the leader of the house. But they have not crossed the floor,” he told Pakistan Today.
“The PML-N secretary-general may send references to the Election Commission of Pakistan against the MPAs as it is the statutory body to decide the matter. I wonder how the PML-N leaders have issued notices without even reading the relevant defection law. If expelled, the affected MPAs may move high court if they want to. I do not see any legal point in this case. Only charge sheet should have been issued in my view,” he concluded.
