Imran orders party
MNAs to abstain from
no-confidence vote
or ‘‘express defection’

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ISLAMABAD: Prime Minister Imran Khan on Tuesday stopped lawmakers belonging to the ruling Pakistan Tehreek-e-Insaf (PTI) party from attending the National Assembly session wherein a no-confidence resolution against him will be put to a vote.

Imran Khan is facing his toughest political challenge since assuming office in 2018 as the opposition tabled the no-confidence motion against him in the national assembly on Monday. A debate on the resolution will start on March 31.

Copy of the letter issued to PTI MNAs by Prime Minister Imran Khan

With more than a dozen PTI lawmakers demanding to attend the session and vote “according to their conscience,” the prime minister issued specific instructions to his party members to abstain from voting in a detailed letter while reminding them of Article 63-A of the constitution that deals with disqualification of lawmakers in the case of defection and violation of party policy.

“All the members of the Parliamentary Party of Pakistan Tehreek-e-Insaf in the National Assembly of Pakistan shall abstain from voting/ not attend the meeting of the National Assembly on the date when the said resolution is setout on the agenda of the National Assembly for voting,” the document said.

It maintained that only “duly designated” parliamentarians of the ruling party would speak on its behalf during the debate over the motion.
“All members are required to adhere to these directions in true letter & spirit and keep in mind the intent behind the provision of Article 63-A of Constitution of Pakistan, 1973,” it continued.

The letter stopped all PTI members from violating these instructions or extending any favour related to the no-trust vote to any other group or parliamentary party.

“Every / any violation of these directions shall be treated as express defection in terms of Article 63-A,” it warned.
The government has already submitted a presidential reference in the Supreme Court of Pakistan, seeking the interpretation of Article 63-A, after at least 13 PTI lawmakers indicated they could vote against the prime minister.

The reference requested the court to give its opinion on whether a defector should be disqualified for life from electoral activity or public office and if his or her vote, after defecting, should be counted in a parliamentary motion.

Article 63-A

Prime Minister Imran Khan

According to Article 63 (A) of the Constitution, a parliamentarian can be disqualified on grounds of defection if he “votes or abstains from voting in the House contrary to any direction issued by the parliamentary party to which he belongs, in relation to election of the prime minister or chief minister; or a vote of confidence or a vote of no-confidence; or a money bill or a Constitution (amendment) bill”.

The article says that the party head has to declare in writing that the MNA concerned has defected but before making the declaration, the party head will “provide such member with an opportunity to show cause as to why such declaration may not be made against him”.

After giving the member a chance to explain their reasons, the party head will forward the declaration to the speaker, who will forward it to the chief election commissioner (CEC). The CEC will then have 30 days to confirm the declaration. If confirmed by the CEC, the member “shall cease to be a member of the House and his seat shall become vacant”.

The government has also filed a presidential reference in the Supreme Court, asking it to interpret Article 63 (A) of the Constitution to ascertain the legal status of the vote of party members when they are clearly involved in horse-trading and change their loyalties in exchange for money.