ISLAMABAD - Opposition parties in Khyber Pakhtunkhwa Assembly have bound the Chief Minister Khyber Pakhtunkhwa Pervaiz Khattak to stay in office for at least one more week by submitting a no-confidence motion against him. The no-confidence move has also barred the CM from dissolving the provincial assembly.
Talking to The Nation, senior Lawyer of Supreme Court Mohammad Azhar Siddque advocate said when notice of no-confidence is moved against the CM in view of Article 136, the provincial assembly cannot be dissolved in view of explanation to article 112.
He said resolution of no-confidence could be moved by 20 per cent members of the total members of provincial assembly, as provided in article 136 of the constitution. He said the resolution had to be passed between 4 to 7 days from the day of its presentation with majority members in the assembly and then the CM will cease to hold office. “The governor of a province in view of article 112 could dissolve the assembly within 48 hours on the advice of chief minister before presentation of vote of no-confidence,” Siddque added.
Another senior lawyer Faisal Chaudhry also shared his views on the development in KP Assembly and said that under article 136, the CM should take vote of confidence from the assembly if he could fail to get the required vote from assembly then governor will be in position to dissolve the assembly with approval of President of Pakistan. He said article 112 of constitution provides the power to CM to advise the governor to dissolve the assembly within 48 hours and after 48 hours the assembly dissolves automatically may the governor announce its dissolution or not.
He mentioned that after tabling the no-confidence resolution in the assembly against CM then he becomes bound to get a vote of confidence from the assembly.
According to Faisal, the present situation of KP Assembly suits Pakistan Tehrik-e-Insaf (PTI) and opposition provided the opportunity to secure its government in the province.
Opposition lawmakers in the Khyber Pakhtunkhwa Tuesday submitted a motion of no-confidence against Chief Minister Pervaiz Khattak in the provincial assembly secretariat to stop him for dissolving the assembly. The PTI and its coalition, including JI, AJIP and independents have the strength of 70 members out of total 124 in the KP Assembly.
While the opposition parties, including PML-N, JUI-F, PPP, PML-Q, MNQ and ANP have 56 members in the House.