Sitting on 24th June 2008

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Summary of Proceedings

SUMMARY OF THE PROCEEDINGS

Tuesday, June 24, 2008

(Started at 11:52 am)

Rana Mashhood Ahmed Khan, Acting Speaker, assumed the Chair and proceedings commenced with the recitation from the Holy Qur’an and its Urdu translation by Qari Noor Muhammad, followed by Na’at-e-Rasool-e-Maqbool (PBUH) recited by Ms Shumaila Rana (MPA).

 

Oath

Syed Abdul Qadir Gillani, member-elect from PP-295 (Rahim Yar Khan) made oath; the Acting Speaker administered the oath.

Disqualification of PML-N Chief Mian Muhammad Nawaz Sharif

On June 23, 2008, the PML-N Chief Mian Muhammad Nawaz Sharif was disqualified by the Lahore High Court, Lahore to contest the bye-elections of June 26, 2008. On the demand of members, the Chair deferred the general discussion on budget and allowed the members to make speeches on the issue of disqualification of PML-N Chief. The following members participated:-

 

Mr Tanvir Ashraf Kaira (Minister for Finance), Ch Abdul Ghafoor (Minister for Prisons), Khawaja Muhammad Islam, Mr Shoukat Aziz Bhatti, Syed Abdul Qadir Gillani, Ms Sajida Mir, Mr Saeed Akbar Khan, Syed Nazim Hussain Shah, Mr Allah Rakha, Ms Ghazala Saad Rafique, Mr Muhammad Tariq Amin Hotyana, Col.(Retd) Naveed Iqbal Sajid, Ms Maiza Hameed, Sardar Jehanzeb Warn, Mr Muhammad Mueen Wattoo, Ms Shameela Aslam, Mr Asif Manzoor Mohal, Mr Muhammad Tajmal Hussain, Mr Joel Amir Sahutra, Mr Muhammad Sana Ullah Khan Masti Khel, Ms Rifat Sultana Dar, Qazi Ahmed Saeed, Malik Amir Dogar, Ms Shamsa Gohar, Mr Yasir Raza Malik, Mr Amir Saeed Ansari, Rai Muhammad Aslam Khan Kharal, Ms Anjum Safdar, Mr Kamran Micheal and Mian Muhammad Rafique.

 

Ruling of the Chair

The Acting Speaker Rana Mashhood Ahmed Khan announced the following ruling:-

On 23rd June 2008, Syeda Bushra Nawaz Gardezi, MPA (W-352) raised a point of order that after having been declared elected (unopposed) as Member of Punjab Assembly from constituency No. PP-10, the earlier seat occupied by Mian Muhammad Shahbaz Sharif i.e., constituency No.PP-48 had become vacant in terms of Article 223 of the Constitution of Pakistan 1973. Since the question required interpretation of an important constitutional issue, therefore, I have given a careful thought to this legal issue and observe as under:-

Article 223 of the Constitution placing an embargo against double membership says that no person shall at the same time be a member of Senate and National Assembly or a House and Provincial Assembly in respect of more than one seat. A person, however, can be a candidate for two or more seats at the same time, in the same body or in different bodies. If such person is elected to more than one seat, he shall within a period of 30 days after the declaration of the result for the last such seat resign all seats except one of his winning seats.

Clause (4) of Article 223 permits a member of either House or of a Provincial Assembly to become a candidate for second seat which he cannot hold under clause (1) concurrently his first seat shall automatically become vacant as soon as he is elected to a second seat.

This provision of the Constitution aims at holding two seats concurrently and not on becoming a candidate on two seats or winning two seats. If a person who is already a member of a body becomes a candidate for second seat which, in accordance with clause (1) of Article 223, he may not hold concurrently with his first seat, then his first seat shall become vacant as soon as he is elected to the second seat.

But situation here is different since Muhammad Shahbaz Sharif did not become a candidate for the second seat (PP-10) after having been elected from constituency No. PP-48. He had filed nomination papers for these constituencies simultaneously as is permitted by clause (2) of Article 223.

In view of the above deliberations, I am inclined to rule out the point of order raised by the honourable member which is tantamount to misinterpretation of the constitutional provisions.

I, therefore, hold without any iota of doubt that Muhammad Shahbaz Sharif is constitutionally competent to hold his earlier seat from constituency No.PP-48.

Government Business

Mr Tanvir Ashraf Kaira, Minister for Finance, delivered winding-up speech on Annual Budget 2008-09.

The House was then adjourned to meet at 10:00 am on Wednesday 25 June, 2008.

Resolutions Passed

Not Available