ISLAMABAD: In response to criticism of PTI leader Zain Qureshi’s election to the Punjab Assembly in the most recent by-elections, the Election Commission of Pakistan (ECP) argued that the criticism was without merit because Mr. Qureshi had ceased to be a member of the National Assembly when he took the oath of office as an MPA.
According to an ECP official, it is against the law for one person to have seats in both chambers of parliament or in a provincial assembly at once. However, the source noted that it is up to the individual to choose which position to keep after gaining another seat.
The commission was making a statement in response to the controversy that arose at the beginning of Friday’s Punjab Assembly session to elect a chief minister when PML-N MPA Khalil Tahir Sandhu raised a point of order and asserted that newly elected PTI MPA Zain Qureshi was still an MNA because his resignation (along with those of all PTI lawmakers in the lower house) had not yet been accepted by the NA speaker and that he could not vote in the CM’ Shabbir Gujjar, a PTI MPA, has a case pending in the ECP, Mr. Sandhu added in his protest against his ability to vote.
Raja Basharat, a former law minister for the PTI, responded by claiming that the election commission had authorised Gujjar to cast a ballot.
No member may serve in both Houses, a House and a provincial assembly, or the assemblies of two or more provinces, at the same time. or a House or a Province Assembly in respect of more than one seat,” the ECP official added in explaining Article 223(1) of the Constitution.Additionally, he noted that Article 223(2) Nothing in subsection (1) shall prevent a person from running concurrently for two or more seats, regardless of the number of seats being sought.
Same body or in different bodies, provided, however, that if he is elected to more than one seat, he shall, inside a period of 30 days after the declaration of the result for the last of that kind seat, resign all but one of his seats, and if he does not quite so resign,
