ISLAMABAD   -   The rumour mill in the current political scenario is spinning faster than expectations, after submission of no-trust motion against Prime Minister Imran Khan.

Leaders of government and the opposition are holding parleys with particular reference to a no-confidence motion submitted in the National Assembly Secretariat to remove Leader of the House Imran Khan. The opposition, despite its actual numerical strength [162 MNAs], claims to make successful its no-confidence motion against Prime Minister with the support of members from treasury benches.

The claims of opposition parties, in media talks, reflect that they would easily gather more than required 172 votes in the National Assembly at the time of voting in the House on no-confidence motion.

About gaining support from treasury benches, the debate has started in the political arena that the government members would immediately face the defection clause [De-seating from the Membership of National Assembly] in case of violating policy of the political party. The discussion defection clause on social media and TV talk shows has been creating misconception and ambiguity that members from treasury benches would not be allowed to enter the Parliament at the time of voting on no-confidence motion. Whereas, the treasury benches members cannot be barred from casting vote against Leader of the House [Prime Minister] for no-trust motion.

Quoting the reference of Article 63 (A), former secretary Election Commission of Pakistan Kanwar Dilshad said that Article 63 (A) imposed on a member during three situations including election of the prime minister or the chief minister; or (ii) a vote of confidence or a vote of no-confidence; or (iii) a money bill or a Constitution (Amendment) Bill.

“There is certain procedure, as parliamentary leader can charge-sheet the member for violating the party policy in these three situations,” said Kanwar Dilshad, talking to The Nation.  He said that there was no punishment for the member for violating the party policy as he/she can contest by-election soon after cancellation of his membership.

He said, “According to rules, he may be declared in writing by party head to have defected from the political party, and the party head may forward a copy of the declaration to the presiding officer and the Chief Election Commissioner and shall forward a copy thereof to the member concerned.” He said, “Provided that before making the declaration, the party head shall provide such member with an opportunity to show cause as to why such declaration may not be made against him”.

About the process of Election Commission of Pakistan (ECP), he said, “Upon receipt of the declaration under clause, the presiding officer of the House shall within two days refer the declaration to the CEC who shall lay the declaration before the ECP for its decision thereon confirming the declaration or otherwise within 30 days of its receipt by the CEC,”. He further said that the member can appeal in the Supreme Court for this purpose in his/her defence.

About the role of Speaker National Assembly, he said the role of the National Assembly would be like a postmaster in implementation of Article 63(A) of the Constitution.

According to current numerical strength the joint opposition parties have to show 172 votes against the Prime Minister at the time of voting in its no-trust motion. Prime Minister Imran Khan had earlier secured 178 votes from the same house around a year before.

According to the numerical strength in the National Assembly, the government benches currently enjoy 179 including 155 PTI, 7 MQM-P, 5 PML-Q, 5 BAP, 3 GDA, 2 Independent, one AML and one JWP. The opposition has 162 votes including 84 PML-N, 56 PPP, 15 MMA, 4 BNP(Mengal), 2 Independents and one ANP.

Political and constitutional experts view that in the parliamentary history the defection clause had never been imposed on a single member in the past. The no-trust motion against Leader of the House also has never been successful against any leader of the House, they said.