Hearing of reference against Gulalai adjourned
By Our Staff Reporter
2017-09-08
ISLAMABAD: The Election Commission of Pakistan (ECP) on Thursday adjourned the hearing of a reference seeking disqualification of estranged Pakistan Tehreek-i-Insaf (PTI) MNA Aaisha Gulalai and directed her to submit a written response till Sept 19.
The ECP bench headed by Chief Election Commissioner retired Justice Sardar Muhammad Raza adjourned the hearing of the reference sent to it by National Assembly Speaker Ayaz Sadiq after Ms Gulalai sought time for hiring services of a lawyer to fight her case before the commission, claiming that she had received the notice very late on Aug 31.
The speaker had last month sent the reference for the disqualification of Ms Gulalai to the ECP with a request to decide the matter within a month as per rules.
The ECP had immediately summoned Ms Gulalai to appear before it to explain her position, failing which the matter would be decided in absentia.
The speaker had forwarded the reference after receiving a letter from PTI chairman Imran Khan, accusing Ms Gulalai of abstaining from voting for the PTI`s designated candidate in the elections for the office of prime minister which the party believed constituted a valid and actionable ground under Articles 63A(1)(a) and 63A(1)(b)(i) for declaring her a defector.
Legal experts attach great significance to the use of the word `abstain`, and say that there is a fine distinction between `beingabsent` and `abstaining` while the former refers to the act of not showing up to vote, the latter implies that a member present in the house did not vote in accordance with its party directions.
Interestingly, Ms Gulalai was not the only PTI member absent from NA proceedings on the day of the PM`s election both Imran Khan and Jahangir Tareen, the chairman and secretary generalof the PTI, respectively, were absent f rom the lower house on Aug 1 and did not vote for Sheikh Rashid Ahmed, the party`s designated candidate in the contest for the post of prime minister.
Experts say that if Ms Gulalai has some valid justification for not attending the assembly`s session the day the prime minister was elected, it cannot be termed as abstention.
Talking to reporters after appearing before the ECP on Thursday, Ms Gulalai, however, said that she had not quit the party and that she would not leave it in future.
Ms Gulalai once again targeted Mr Khan, saying that a `characterless` man could not lead the party. She also appealed to PTI workers not to participate in today`s public meeting in Lahore.
Meanwhile, the ECP on Thursday stopped PML-N MPA Bilal Yaseen from taking part in the election campaign of party candidate Begum Kulsoom Nawaz in NA-120 constituency.
The ECP had summoned Mr Yaseen after receiving complaints about violation of the election code of conduct by certain PML-N legislators.
The PML-N MPA, however, did not appear in person before the ECP and his lawyer refuted the allegations. The lawyer also denied that his client had participated in any election rally in the constituency.