Cross voting against party fiat cannot count as vote: Pak SC – Times of India

Islamabad: Pakistani lawmakers vote against their party’s directives Parliament will not be counted, the country’s Supreme court The verdict was pronounced on Tuesday in a case filed by the President arif alvik The demand for the removal of then PM Imran Khan through a no-confidence vote on March 21 followed a coalition seeking an interpretation of Article 63-A of the Constitution relating to disgruntled lawmakers.
In a 3:2 split decision, a larger five-member Supreme Court bench headed by the Chief Justice Omar Atta Bandiyal Judgment in respect of President. The decision seems to have had no effect on the National Assembly—the country’s parliament—but it could create a crisis in the country. PunjabWhere the votes of rebel MPs are disregarded, new CM Hamza Shahbaz loses majority in the provincial assembly. In such a situation, the election of CM will have to be done again.
Khan’s government had sought life disqualification for MPs who tried to deviate from the party’s voting instructions. His government, which was eventually toppled, feared that party legislators would cross-vote. On polling day, rebel members of PTI abstained from voting and Khan was ousted with the support of his government allies.
In a brief order, the SC said that defection was “one of the most dangerous ways” in which political parties could be destabilized, noting that they could also invalidate parliamentary democracy. “Defection is rightly condemned as a cancer that plagues the political body. They cannot be denied,” the order said.
Will the vote of defected MPs be given equal importance? On this question, the bench ruled that the vote of an MP, contrary to the directions of the party, cannot be counted in his “view” and must be disregarded. “This is regardless of whether the party chief, after such a vote, proceeds to take or refrain from taking any action, which will result in a declaration of defection,” the court said.
Responding to another question regarding disqualification of members, the top court dismissed PTI’s plea, seeking permanent debarment of MPs from Parliament.
The bench said a “defection declaration” can be dealt with by an “appropriate law made by Parliament”.
Responding to the verdict, former information minister and PTI member Fawad Chaudhry Said that after the Supreme Court’s decision, PM Shehbaz Sharif and Punjab CM have lost their majority and their governments have practically come to an end.
“I request the President that now no one has majority in the assembly and the assembly should be dissolved and fresh elections should be held,” Chowdhury said.