ISLAMABAD: The Supreme Court of Pakistan on Tuesday ruled that dissident lawmakers could not cast their vote as it interpreted Article 63-A of the constitution, local media reported, which relates to the disqualification of parliamentarians for voting, or abstaining from voting, against the party guidelines.
The verdict comes a month after former prime minister Imran Khan was ousted from power after a joint opposition alliance secured 174 votes in favor of a no-confidence motion against him.
As the crucial no-confidence vote neared, over a dozen lawmakers belonging to Khan’s Pakistan Tehreek-e-Insaf party had announced they would side with the opposition.
Khan’s party had filed a presidential reference ahead of his ouster in an effort to stem the defections.
“The vote of a dissident lawmaker cannot be counted,” Geo News channel quoted the top court as ruling in the verdict.
The court, however, did not clearly state whether a dissident lawmaker could be de-seated for voting against the party policy.
“This is the right time for legislation on deviation [from party policy],” the news channel quoted the Supreme Court further.
Article 63-A (1) states that a lawmaker can be disqualified if he or she “vote(s) or abstains from voting in the House contrary to any direction issued by the Parliamentary Party to which they belong, in relation to the election of the prime minister or the chief minister, a vote of confidence or a vote on Money Bill or a Constitution (Amendment) Bill.”
Muneeb Farooq, a lawyer and television host, said as per his understanding, the court verdict would not have an impact on the federal government, but it might have implications for the government in Punjab, where dissident members Khan’s PTI party voted for Hamza Shehbaz’s election as the chief minister last month.
“Now in Punjab, a new election for chief minister can be asked for or Hamza can be asked to take a vote of confidence [from the Punjab assembly],” Farooq said on Geo TV.
He said the situation will become clear after the issuance of the detailed verdict.
“Hamza Shahbaz should quit and let Punjab Assembly elect new leader of the House,” senior journalist Mazhar Abbas said on Twitter. “For all practical purposes, he has lost the majority after SC verdict.”
In the reference filed under Article 186, the PTI government asked the apex court about the “legal status of the vote of party members when they are clearly involved in horse-trading and change their loyalties in exchange for money.”
The constitution of Pakistan provides that whenever the government is in doubt about a legal question, the president of the country can send a reference to the Supreme Court for an interpretation or explanation.
Under Article 186 of the Constitution, the apex court considers the question as part of its ‘advisory jurisdiction.’
