by Tariq Butt in The News, Dec 16, 2020
ISLAMABAD: The rules governing the National Assembly stipulate that numerous steps would have to be taken and conditions met before the resignation of an MP is accepted and his seat declared vacant. However, there is no timeframe given for the conclusion of this process.
A close reading of the Rules of Procedure and Conduct of Business in the National Assembly reveals the prerequisites for the approval of resignations by the speaker. Since the rules do not fix any time limit for the acceptance of resignations, the speaker may stretch the exercise for an indefinite period. One example of the speaker sitting on the approval of resignations had emerged in 2014-2015 when such proceedings had been dragged out for several months. Ultimately, the close to 30 PTI members of the National Assembly retracted their decisions and returned to the assembly.
Rule 43 spells out the conditions and steps prior to the final acceptance of resignations. It shows that should the speaker and the government decide to accept the resignations immediately, all will be over in a very short time. But should they resolve otherwise, it will trigger a long-drawn-out, never-ending process.
Foremost among the conditions and steps is the verification of resignations by the speaker and his satisfaction that such letters are genuine and voluntary. There are at least 12 conditions to be met or steps taken before a resignation is accepted.
The first step is that the resignation letter should be in the concerned lawmaker’s own handwriting. A typed resignation letter duly signed by him also means writing under his hand. Second, the MP should personally hand over the resignation letter to the speaker. The third condition is that he must inform the speaker that the resignation is voluntary and genuine. Four, the speaker must have no information or knowledge contrary to such assertions of the legislator.
Five, if the speaker receives the resignation letter by any other means, he will personally conduct an inquiry to satisfy himself that the resignation is voluntary and genuine. Or, six, for his satisfaction he may get such an inquiry carried out through the National Assembly Secretariat or any other agency, which has not been identified. Seven, after that it is also mandatory for the speaker to inform the assembly about the resignation. Eight, if at the time the legislature is not in session, every member will be immediately intimated about it. Nine, the date of resignation will be the one specified by the concerned lawmaker in writing. If it is not stated in the letter, it will be the date of its receipt by the speaker.
Ten, after the speaker satisfies himself that the resignation letter is voluntary and genuine, the assembly secretary will officially notify that the member has quit. Eleven, only then will he forward a copy to the Chief Election Commissioner (CEC). Twelve, following this entire process, the CEC will take steps to fill the vacancy. When the PTI lawmakers had resigned, a lengthy wrangle had taken place between the then speaker Sardar Ayaz Sadiq and the PTI over the verification of such letters. The speaker had insisted on individually verifying that they are genuine and voluntary while the PTI was adamant that collective verification should be done.
Although there were less than 30 federal resignations, the speaker, the government and its allied parties and the opposition had worked hard and taken every step to not accept even a single resignation letter. The heated argument over resignations had persisted for a long time and eventually the PTI MPs came back to the assembly after they took back their resignations.
With the PTI in government now, various cabinet ministers are now taunting the opposition parties every day about delaying their resignations, announcing that by-elections would be instantly held on all the federal and provincial seats falling vacant. The prime minister too has publicly voiced similar thoughts.
https://www.thenews.com.pk/print/759369-pdm-announcement-to-leave-assemblies-resignations-acceptance-to-be-long-drawn-exercise-if-speaker-govt-so-decide
