Re: No U-Turn this time , PTI tendering resign befor 14 August ,
Govt to hold by-polls if PTI
ISLAMABAD: The government has decided to hold by-polls on the vacant seats if the Pakistan Tehreek-e-Insaf (PTI) uses the option of resigning from the National and provincial assemblies.
A senior government official told The News that if PTI’s 34 MNAs submit their resignations then by-elections would be held for the continuity of democracy.
Commenting on reports that the PTI was considering resigning from the National and provincial assemblies, NA Speaker Sardar Ayaz Sadiq said if he received the PTI’s resignations then he would take a decision as per the Constitution.
Clause 1 of Article 64 of the Constitution relating to the resignation of National Assembly members states: “A member of the Majlis-e-Shoora (parliament) may, by writing under his hand addressed to the Speaker or, as the case may be, the chairman, resign his seat, and thereupon his seat shall become vacant.
According to the Article, the member of parliament only resigns when the resignation is addressed to the Speaker of the relevant assembly, and if the resignation is addressed to the party chief then the resignation cannot be accepted.
Rule 43 of the Rules of Procedure and Conduct of the National Assembly states: “(1) A member under clause (1) of Article 64 may, by writing under his hand addressed to the speaker, resign his seat. (2) If, - (a) a member hands over the letter of resignation to the speaker personally and informs him that the resignation is voluntary and genuine and the speaker has no information or knowledge to the contrary; or
“(b) the speaker receives the letter of resignation by any other means and he, after such inquiry as he thinks fit, either himself or through the National Assembly Secretariat or through any other agency, is satisfied that the resignation is voluntary and genuine, the speaker shall inform the assembly of the resignation. Provided that if a member resigns his seat when the assembly is not in session, the speaker shall direct that intimation of his resignation specifying the date of the resignation be given to every member immediately.
“(3) The secretary shall, after the speaker satisfies himself that the letter of resignation is voluntary and genuine, cause to be published in the gazette a notification to the effect that the member has resigned his seat and forwarded a copy of the notification to the Election Commission for taking steps to fill the vacancy thus caused.
“(4) The date of resignation of a member shall be the date specified in writing by which he has resigned or if no date is specified therein the date of receipt of such writing by the Speaker.”
In the relevant Rules of Procedure of the National Assembly 2207, the power was given to the speaker to investigate the resignation of any member through any intelligence agency and the speaker can take the decision of accepting the resignation on the basis of investigation after he feels satisfied that the member had tendered the resignation voluntarily.
After accepting the resignation, the speaker issues directives to the secretary for the announcement of acceptance of resignation through a gazette notification and its copy will be sent to Chief Election Commissioner for holding the by-election on the vacant seat.