Lahore: Punjab Assembly Speaker Malik Muhammad Ahmed Khan, while issuing a ruling regarding the reinstatement of 26 opposition members, has said that declaring any public representative disqualified is not just silencing a voice but is tantamount to depriving the people of their right to representation.
In the ruling issued by the Assembly Secretariat, the Speaker clarified that the decision to disqualify elected members does not fall within the jurisdiction of the Speaker or the Election Commission, it is only the job of the competent court or tribunal.
He said that the petitioners have made violation of the constitutional oath and other serious allegations, however, these allegations must first be proven in court. Under Article 63 (2) of the Constitution, the question of disqualification will arise only when the court pronounces its decision, only after which the matter can be sent to the Election Commission.
The Speaker also rejected the arguments regarding the Panama Papers case and the jurisdiction of the Supreme Court, saying that the House is not just a forum for making laws but represents the trust of the people and their collective voice. Suppressing this voice without a court order would be against democratic principles.
The ruling said that four different petitions were filed against the opposition members for wilful obstruction and violent behavior in the proceedings of the House during the budget session. The petitioners took the stand that these actions were against the eligibility criteria mentioned in Article 62 of the Constitution.
Malik Muhammad Ahmed Khan said that these points are undoubtedly constitutionally and politically important but only the court can give the decision. If the court orders the disqualification of a member, then the Speaker can be approached again.
