Legal limbo over Ayub blocks bid to name new opposition leader, National Assembly tells PTI

Legal limbo over Ayub blocks bid to name new opposition leader, National Assembly tells PTI

By Staff Reporter

ISLAMABAD: The National Assembly Secretariat said on Wednesday the status of Omar Ayub Khan, the disqualified leader of the opposition, remains sub judice before the Peshawar High Court, effectively blocking any immediate move to name his successor even as the Election Commission of Pakistan presses ahead with by-elections next week in the constituency Ayub once represented.

The secretariat’s position, outlined in a formal response to a request from Pakistan Tehreek-e-Insaf lawmaker Malik Amir Dogar, underscores the continuing legal limbo surrounding Ayub and several other PTI-backed lawmakers whose electoral victories on reserved seats have been challenged. The response cites parliamentary rules and a recent Supreme Court order to argue that no proposal for a new opposition leader can be entertained until Speaker Ayaz Sadiq formally invites nominations from the floor of the house, an announcement he has not yet made.

Dogar had invoked Rules 39 and 9-B of the Rules of Procedure and Conduct of Business in the National Assembly, 2007, which govern the process for designating the leader of the opposition. Under Rule 39(2), the speaker is required to announce a date, time and place for members to submit signed proposals. In its reply, the secretariat noted that Sadiq “has already made it clear that in line with parliamentary practice, such announcements were made on the floor of the house” to ensure every lawmaker has an equal opportunity to nominate a candidate. Until such an announcement is made, the secretariat wrote, “no request or proposal could be entertained at this stage.” “The secretariat will proceed only once the requisite announcement is made by the speaker in accordance with the Rules of Procedure and Conduct of Business 2007,” the response stated.

The secretariat also pointed to an Oct. 29 order by a Supreme Court constitutional bench in the cases titled Omer Ayub Khan and others vs. Federation of Pakistan and Syed Shibli Faraz vs. Federation of Pakistan. That order set aside a Peshawar High Court decision that had adjourned related writ petitions sine die and directed the high court to first decide the maintainability of the petitions and then to dispose of them. An Assembly spokesperson confirmed that Ayub’s disqualification remains before the high court.

Meanwhile, the Election Commission has scheduled by-elections for Nov. 23 in 13 National and Punjab Assembly constituencies that fell vacant after the denial of reserved seats to PTI-backed lawmakers. The seats include NA-18 Haripur, Ayub’s former constituency, as well as NA-96 Faisalabad-II, NA-104 Faisalabad-X, NA-129 Lahore-XIII, NA-143 Sahiwal-III, NA-185 D.G. Khan-II, and seven Punjab Assembly seats, PP-73 Sargodha-III, PP-87 Mianwali-III, PP-98 Faisalabad, PP-115 Faisalabad-XVIII, PP-116 Faisalabad-XIX, PP-203 Sahiwal-VI, and PP-269 Muzaffargarh-II.

In a separate notice, the commission reminded candidates and political parties that the statutory 48-hour “silence period” will begin at midnight on Nov. 21-22. During that window, no public meetings or processions are permitted in any of the constituencies. Violators face up to two years’ imprisonment, a fine of up to 100,000 rupees, or both. Campaigning must therefore end at midnight between Thursday and Friday, the commission said, urging parties and candidates “to follow the provisions of law and exercise self-restraint” to ensure an orderly and peaceful poll.

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