Legal controversy grips Dars appointment

ISLAMABAD - Chairman Senate Farooq H Naek is between the rock and the hard place to appoint Senator Ishaq Dar as new Leader of the Opposition of the Upper House of the Parliament because of the complications relating to deflection clause of the Constitution. The Chairman Senate had issued no notification appointing Ishaq Dar as Leader of the Opposition in the Senate. Earlier, PML-N had submitted an application in Senate Secretariat nominating Ishaq Dar for the slot carrying signatures of 25 legislators including 9 members of PML-Q, 4 senators of PML (likeminded) and 5 of Q-league. An official of the Senate Secretariat informed that Chairman Senate was shying away from issuing the notification as some legal and political experts are of the view that appointment of Ishaq Dar on the basis of this application will lead to a new controversy relating to the deflection clause as it carries the signatures of two splinter groups of PML-Q. He further said that Chairman had yet to decide whether their votes in the appointment of Leader of the Opposition could be counted or not as PML-Q had joined the treasury benches. JUI-F on Tuesday had also moved an application in the Senate Secretariat for the appointment of Molana Adul Ghafoor Haidri, the parliamentary leader of the party in Senate, as the Leader of the Opposition taking the plea that PML-Q dissidents cannot support Ishaq Dar for this slot as their party has joined the treasury benches. JUI-F also claims that Leader of the Opposition should be appointed from the major party as it has majority in the Upper House having 10 seats followed by PML-N with 7 seats. However, Senator Salim Saifullah Khan, head of the PML-Q (Likeminded) and Senator Haroon Akhtar, another member of this group, said the Leader of Opposition in House represents all the opp men and not the majority of any party. The Rules of Procedure and Conduct of Business in the Senate, 1988 (as amended up to 6th February, 2006), Leader of the Opposition means a member of a house who, in the opinion of the chairman of the Senate, is for the time being the leader of the members in opposition to the Government in that house. Article 63-A applies only if a member of a parliamentary party resigns from the membership of his political party or joins another parliamentary party or votes or abstains from voting in the house contrary to any direction issued by the parliamentary party to which he belongs, in relation to.... (i) election of the prime minister or the chief minister (ii) a vote of confidence or a vote of no confidence; or (iii) a money bill or a constitutional (amend) bill.

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