ISLAMABAD - Pakistan Tehreek-e-Insaf (PTI) Thursday filed the amended appeal in the Supreme Court against the Islamabad High Court (IHC) judgment regarding the acceptance of resignation of PTI lawmakers.
PTI secretary general Asad Umar had filed the appeal against the IHC verdict in SC on September 13 and made National Assembly speaker, Election Commission of Pakistan, Cabinet Division secretary, and National Assembly secretary as respondents. However, the Registrar Office on September 14 had returned the appeal, having no valid grounds.
IHC chief justice had turned down the PTI petition on September 6, challenging the phase-wise acceptance of resignations of its Members of National Assembly (MNAs) and declared that the then NA deputy speaker Qasim Suri had issued notification of acceptance of the resignation “in violation of the Constitution”.
The petition claims that the IHC disregarded the material facts of the case and failed to adhere to the principle that each case has to be decided on its own peculiar facts.
The petitioner argued that no law permits the successor office holder i.e. the speaker of the National Assembly to alter, modify, review or revise the order of the predecessor with regard to the acceptance of the resignations that have already accepted and notified by his predecessor in office. The petitioner contended that the impugned actions/inactions are illegal, perverse and tantamount to abuse of law, authority as well as the infringement of constitutional and fundamental rights of the petitioner, ensured under the Constitution of Pakistan.
He continued that the respondents have failed to discharge their duties as per exigencies of their statutory responsibilities and acted in excess of their lawful authority and in violation of law and mandate.
The PTI further added that the NA speaker, in the present circumstances, has no reason to doubt the geniuses and voluntary submission of the resignation.