Rowling of Dost Mazari: The Deputy Speaker Punjab Assembly may face court action in the Supreme Court at least. Experts
Only the speaker has the authority to give the ruling. The Supreme Court has rejected Qasim Suri's ruling in the National Assembly as unconstitutional on the same basis. If present, they will allow the votes to be cast and if the votes of the members present in the House are not counted, it is a clear contempt of court.''
He could not count them but rejecting them is beyond his authority. Eminent legal expert Faisal Chaudhry, Barrister Aitzaz Ahsan, Barrister Asad Rahim Khan and President Supreme Court Bar Ahsan Bhawan and others expressed their views.
Constitutional and legal experts termed as unconstitutional the ruling of Deputy Speaker Punjab Assembly Dost Mazari to reject the vote of Muslim League (Q) and said that under the rules of business of the assembly, only the speaker has the power to give ruling on any matter Supreme Court Qasim Suri's National Assembly rejected the ruling as unconstitutional on the same basis.
Another constitutional responsibility has not been fulfilled by the Deputy Speaker. He hastily announced the results and adjourned the meeting, while the announcement of the Leader of the House, which is a constitutional requirement, has not been done.
Many legal experts are calling it illegal, eminent legal expert Faisal Chaudhry said that in the Supreme Court's detailed decision regarding the ruling of Qasim Suri, it was said that the Deputy Speaker has no authority to give the ruling.
He said that the Supreme Court had ordered the election under Article 130/4 of the Constitution. As many members as are present will allow the vote to be cast and if the votes of the members present in the House are not counted, it is clearly contempt of court.
He said that the Deputy Speaker does not have the power to reject the vote, he only has the power not to count the vote, so by rejecting the vote, he has exceeded his powers.
He said that the Deputy Speaker not only acted unconstitutionally and illegally. Rather, they have exceeded their authority, for which they will have to bear the consequences.
Prominent jurist and leader of Pakistan People's Party Barrister Aitzaz Ahsan said that in my view the Deputy Speaker is not correct, the decision will be accepted by the parliamentary party.
He said that Asif Zardari tried to ask for votes. It was Chaudhry Shujaat Hussain's decision. ''Asif Zardari did what a politician should do''.
Barrister Aitzaz Ahsan said that the first part of Article 63A is at the discretion of the parliamentary party and the second part of the party head.
He said that Salik Hussain has gone to one side and Munis Elahi to the other. It may be noted that according to Article 63A of the Constitution, a Member of Parliament can be disqualified on the ground of defection if, ''the Member of Parliament votes against any directive issued by his parliamentary party for the election of the Prime Minister or Chief Minister''. Or if he refrains from voting no-confidence, he can be disqualified.
Barrister Asad Rahim Khan says that he disagrees with Dost Mazari's decision. ''The text of Article 63A is clear that you cast your vote according to the instructions of the parliamentary party, the constitution defines it, while Chaudhry Shujaat's letter has no legal basis''. And there is no constitutional significance.
He said that the Deputy Speaker did not have the authority not to reject the votes of PML(Q), he could not count them, but rejecting them is exceeding his authority.
''Asad Rahim said that Dost Mazari completely misunderstood the decision of the Supreme Court.''
He said that it is an unfortunate day that by distorting the clear law, people were taken back to the situation of April 10, the day the former A motion of no confidence was passed against Prime Minister Imran Khan.
He said that Dost Muhammad Mazari's decision was completely illegal, just like Qasim Suri's decision in April. It says to vote according to the instructions.
Supreme Court Bar Association President Ahsan Bhawan said that Article 63A says that if a member casts his vote against the instructions of the party chief, his vote will be counted but the party can de-seat that member later. But unfortunately, the reference given by the Supreme Court to the party chief is not in the constitution. .
The majority of constitutional and legal experts are calling the ruling of the Deputy Speaker as unconstitutional and a clear violation of the Supreme Court's order.
According to them, Dost Mazari may at least face court proceedings in which the court may disqualify him. Similarly, he gave the ruling in violation of the Rules of Business of the Assembly, whereas only the Speaker has the authority to give the ruling according to the rules on any matter, so here he was guilty of exceeding his powers. Q) had the authority not to count the votes, they do not have the authority to reject the vote because this authority belongs to the Election Commission or the Supreme Court, so Hamza Shahbaz Bari is standing in a weak position and in a few days the Supreme Court will ask the Supreme Court according to its July 1st decision.
The case has to be decided which is clearly in favor of Chaudhry Parveezalhi according to the constitution and law.