- IHC reserves judgment over maintainability of petition in PTI MNAs resignation matter
A two-member bench of the Islamabad High Court (IHC), comprising Justice Athar Minallah and Justice Amir Farooq, has reserved judgment over maintainability of a petition filed by former Pakistan Muslim League-Nawaz (PML-N) Senator Zafar Ali Shah over Pakistan Tehreek-e-Insaf (PTI) parliamentarians’ resignations from the National Assembly (NA).
“The court cannot interfere in the internal affairs of the Parliament. Can the court issue direction to the speaker? Has PML-N become party in this petition in its capacity of political party?” Justice Athar Minallah jolted Shah as he appeared in the court, asking the petitioner to satisfy court on petition’s maintainability.
Shah argued that PTI parliamentarians had tendered resignations from their seats and the matter was between NA speaker and assembly members.
Upon inquiry on law pertaining to resignations, Shah told Justice Farooq that as per Article 64 of the Constitution, if a member tenders resignation from his seat or abstains from his seat for 40 days, the said seat falls vacant. He maintained that the matter of resignations is not an internal matter of the Parliament.
“If a member sends a motion to the speaker and it is not made part of assembly proceedings, can the assembly member resort to court? If this process starts, every member will resort to court in connection with the Parliament’s proceedings,” Justice Minallah observed, reserving the judgment till Monday.
