ISLAMABAD
There is little threat to National Assembly membership of the three dissident Pakistan Tehrik-i-Insaf (PTI) leaders under the law and constitution, but they would be under tremendous moral pressure to quit as lawmakers after losing their membership of the party – the platform they used to contest the general elections.
Legal and constitutional experts considered the letter written by Pakistan Tehreek-i-Insaf Chairman Imran Khan to National Assembly speaker and chief election commissioner seeking de-seating of PTI MNAs Nasir Khattak, Gulzar Khan and Ms Musarat Zeb, was of little legal and constitutional value, adding there is strong likelihood that the speaker would not entertain it.
Veteran politician and constitutional expert SM Zafar said that Imran Khan in his letter had given the reference of Article 63-A of the constitution, which could not hit these three Pakistan Tehreek-i-Insaf  MPs as the said article of constitution only apply in case when the member of any party votes against the party direction in the election to the slot of prime minister; on no-trust move against the PM; on budget or its related matters; or if he votes against party decision on any specific piece of legislation.
He further said that in the given case Article 63-A could not be invoked as Pakistan Tehreek-i-Insaf  members had not committed any of the above mentioned violation against the party direction and their decision of not stepping down as the MNAs on party's direction is not compoundable under the said article.
Legal experts were of the view that as these members had not defected to any other political party in defiance of the party discipline so it would not be easy for the speaker to de-seat them. They said under the law Pakistan Tehreek-i-Insaf  chairman could not write letter to CEC as he is not competent authority to deal with the matter, as matter of de-seating any MP could be taken up only with the custodian of lower house of the Parliament.
They further said that legally speaking the letter written to NA speaker also stand no legal and constitutional value and the chances of its going into the dustbin are strong, as the charges listed against the MPs defying the party discipline are not compoundable under Article 63-A or any other article or clause of the constitution.
However, the legal minds of Pakistan Tehreek-i-Insaf  were of the view that after losing their party membership, these defecting MPs stand no legal and constitutional right to hold the seats won on the party tickets. They further said that in case the NA speaker would not act on their request to de-seat these MPs they would take the matter to the court and would get them disqualified.
Pakistan Tehreek-i-Insaf  leaders said that even if the speaker would not de-seat these MPs how they would face the public and the voters of their constituencies who had elected them on Pakistan Tehreek-i-Insaf  ticket. There would be tremendous moral and political pressure on these party defectors to step down from their positions even if the.
Pakistan Tehreek-i-Insaf  MNA Nasir Khattak had won the elections from NA-15 and Gulzar Khan was elected from NA-4 while Ms Musarat Zeb was elected to the Lower House of the Parliament on reserved seats for women and all the three had defied the party decision to resign from their assembly membership.