by Shahid Khan in The Nation, Nov 30, 2022
PESHAWAR – While Pakistan Tehreek-e-Insaf leadership is expected to hold a parliamentary party meeting within the next several days to discuss the issue of resignations from Khyber Pakhtunkhwa Assembly to push for fresh elections, the leadership of various political parties believe that the PTI chairman Imran Khan’s announcement of resignations is not practical while some legal experts believe that even if PTI lawmakers resign, KP can face governor rule.
Discussing the legal point of view, known lawyer Noor Alam’s advocate told The Nation that one party announced resignations for political scoring but this would damage the democratic process.
“As per the Constitution, the Federal Government can extend its rule for one year (citing to complete certain vital projects for the country’s interests) even if PTI lawmakers quit assemblies. And by doing so, the Centre can also impose governor rule in KP,” he elaborated.
He said when PTI was in power, other parties were in opposition and now when other parties are ruling, the PTI should patiently play its role as opposition, instead of creating a crisis-like situation in the country.
Discussing the issue, Pakistan Muslim League-N KP spokesman PA Ikhtiyar Wali Khan said there must be some solid reason behind the dissolution of assemblies.
“Even if done so, it can be challenged in a court of law. Also, they have to present a solid reason: whether they are unable to run the province’s affairs and they admit failure to run KP,” he elaborated. He also claimed that several MPAs of PTI were in contact with different parties to join them as they were not happy with the decision on resigning from assemblies.
Awami National Party leader MPA Samar Bilour said that even if the assembly is dissolved, they would have no issue with it. “During the PTI rule, they deprived opposition MPAs of funds. PTI did not let debates on important lawmaking. During the last several years of PTI-led government, I have received Rs50.4 million fund, which is insufficient for development schemes,” she added.
She said she and other MPAs do not have any issues with the salaries they would stop receiving as a result of the assemblies’ dissolution and instead she would participate with more devotion in politics after the assembly dissolution, but claimed that the PTI members themselves would have problem with the assemblies’ dissolution.
She said her party had been even contacted by some PTI members as they wanted to join her party.
Amjad Khan Afridi, the KP spokesman of PPP, said that the PTI made several announcements, but those did not materialize. “They announced to march on Islamabad but did not do it. They announced to tender resignations, but won’t do so,” he claimed.
Jamaat-e-Islami KP president Mushtaq Ahmed Khan did not respond on the issue as he said the party’s parliamentary leader Inayatullah Khan was in a better position to comment on this issue.
However, when approached, MPA Inayatullah Khan said that he would not comment on the issue because he had not received his party leadership’s stance on the matter.
Meanwhile, PTI KP lawmaker Ziaullah Bangash told this correspondent that their parliamentary party meeting would be held possibly on Saturday to decide the issue of resignations from the KP Assembly.
“We are ready for resignations. The moment we are asked by the party leadership to resign, we will do so,” he said. He said that once the assembly is dissolved, the Election Commission would be bound to hold elections within three months.
Newly appointed Khyber Pakhtunkhwa Governor Ghulam Ali has also asked the PTI leadership to complete their tenure and avoid tendering resignations from the provincial assembly, saying that he would cooperate with the provincial government in receiving funds for KP.
Peshawar High Court Bar Association general secretary Farooq Afridi said that the governor can dissolve the provincial assembly on the advice of the chief minister, but that the decision can be challenged in the court if it is on malafide intention, and subsequently the high court can even restore the assembly.
https://www.nation.com.pk/30-Nov-2022/governor-rule-can-be-option-in-kp-if-pti-lawmakers-resign
