PA Speaker directed to act as per Constitution

LAHORE - The Lahore High Court on Friday directed the Speaker Punjab Assembly to proceed as per constitution on the disqualification reference against MPA Saba Sadiq that will be filed afresh after removing the objection put to it by the speaker. Justice Umar Ata Bandial passed this order while disposing of a petition filed by opposition leader in the Punjab Assembly, requesting the court to direct the speaker to forward his recommendations to the chief election commissioner with respect to declaring Saba Sadiq as disqualified to hold the office of MPA. The judge directed the petitioner to file recommendations again before the speaker after removing the objection for which the recommendations were not forwarded to the election commission. The speaker had consigned the reference to record on technical grounds. PA opposition leader and PML-Q secretary general Ch Zaheer-ud-Din through his counsel Ch Fawad Hussain had submitted that Saba Sadiq was elected as MPA on PML-Q reserved seat. But regrettably short after the process of formation of the government, she joined the ruling party in order to protect her personal interests. He has made PA Assembly Speaker Rana Mohammad Iqbal, Secretary PA, and Saba Sadiq as respondents. Petitioner counsel submitted that his client being the competent authority under Article 63-A of the Constitution served a show cause notice to MPA Saba Sadiq on December 12, 2008 asking that why he may not be disqualified by the party. He said, however, after her reply he declared her defected from the party. He said a copy of the declaration on January 5 was forwarded to the secretariat of the PA speaker, who under Art 63-A was bound to refer the declaration to the chief election commissioner within two days for declaring her as disqualified. He said after lapse of one week his client was now informed by the deputy secretary of the speaker that the reference against Ms Saba was not referred to the CEC. He said the act of the speaker of not referring the declaration of defection to the CEC is violation of the constitution, illegal, based upon malafide and liable to be declared illegal. He prayed that the speaker be directed to act in accordance with the constitution and to refer the declaration against Ms Saba to the CEC for further proceedings. He also prayed that during the pendency of the petition, Ms Saba be restrained to perform the duties as MPA.

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