Sitting on 10th May 2024

Session No.

9

Summoned by

Governor of the Punjab

Sitting No.

2

Day and Date of sitting

Friday, May 10, 2024

Scheduled time

02:00 pm

Commenced at

03:58 pm

Adjourned at

06:50 pm

Total working time

2 Hours 52 Minutes

Presided by

1)      Malik Muhammad Ahmad Khan, Speaker

2)      Malik Zaheer Iqbal Channer, Deputy Speaker

Attendance

238

The sitting commenced with recitation from the Holy Qur’an and its Urdu translation, followed by Naat-e-Rasool-e-Maqbool ﷺ.

IN RESPECT OF POINT OF ORDER RAISED MR AFTAB AHMAD KHAN, MPA (PP-108) REGARDING ORDER OF SUPREME COURT OF PAKISTAN DATED MAY 6, 2024 IN RESPECT OF ALLOCATION OF SEATS RESERVED FOR WOMEN/NON-MUSLIMS IN PROVINCIAL ASSEMBLY OF THE PUNJAB

BACKGROUND

This ruling shall dispose of the point of order raised by hon’ble member Mr Aftab Ahmed Khan, MPA (PP-108) during the sitting held on May 9, 2024.

Brief background of this ruling is that a number of petitions were filed before Election Commission of Pakistan in respect of the allocation of reserved seats for women and non-Muslims in the National and Provincial Assemblies constituted as a result of General Elections 2024, held on 08.02.2024. The Commission issued notification in which the independent candidates were notified as returned Candidates in the National and Provincial Assemblies. Subsequent to the notifications some of the independent candidates joined political party named Sunni Ittehad Council (SIC) and their affidavits were forwarded to the Commission by the said political party in respect of National and Provincial Assemblies. Sunni Ittehad Council requested the Election Commission of Pakistan for allocation of share in the seats reserved for women and non-Muslims in the National and three Provincial Assemblies.

The Election Commission of Pakistan, in its Order dated March 1, 2024 held as under:

“33. Therefore, the Commission is of the view that in light of clear provisions of Article 51(6) of the Constitution read with Section 104 of the Elections Act, 2017 and Rules 92 and 94 of the Election Rules, 2017, SIC is not entitled to claim for the quota for reserved seats for women and non-Muslims due to having non-curable legal defects and violation of mandatory provision of submission of party list for reserved seats which is the requirement of law. The request of Petitioner No.1 is rejected and all the other petitions from Serial Number 2-10 are partially accepted. The seats in the National Assembly shall not remain vacant and will be allocated by Proportional representation process of Political Parties on the basis of seats won by Political Parties. Office is directed to calculate the quota accordingly.”

Pursuant to the above Order, the Election Commission of Pakistan, on March 4, 2024, issued Notification for additional reserved seats in Provincial Assembly of the Punjab. The returned candidates were administered oath of membership in the following session of Punjab Assembly.

The above-mentioned order of ECP dated March 1, 2024 was challenged in the Supreme Court of Pakistan on the grounds that allocation of the reserved seats for women and non-Muslims to the political parties other than the petitioner, Sunni Ittehad Council (“SIC”), was in violation of Article 51(6)(d) & (e) of the Constitution which provides for proportional representation system on the basis of total number of general seats secured by each political party from the Province concerned in the National Assembly. Once a political party has been allocated the reserved seats on the basis of proportional representation system, the remaining seats cannot be re-allocated to the same political party.

On the other hand, the respondent (ECP) was of the view that according to Articles 51 and 106 of the Constitution the reserved seats have to be allocated on the proportional representation system only to those political parties who have contested the general elections and won at least one seat in the said elections. Since SIC did not contest the elections and did not win even a single seat in the general elections, it cannot be considered as a political party in terms of Articles 51(6)(d) & (e) and 106(2)(c) of the Constitution, for the purpose of allocating the reserved seats. Learned Attorney-General for Pakistan (“AGP”) supported the contentions of the learned counsel for the ECP. Both the learned counsel for ECP and the learned AGP frankly conceded that this was a case of first impression involving questions of constitutional law that have not been addressed by the Court earlier.

After hearing both the parties, the Supreme Court of Pakistan, in its short order dated May 6, 2024 held as under:

“Therefore, leave to appeal is granted to consider, amongst others, the said questions. The appeals are to be posted for hearing on 03.06.2024. The appeal arising out of these petitions will be heard on the basis of available record; however, both sides are at liberty to file any additional documents, which were part of the record before the fora below but have not been filed with instant petitions.

In the meanwhile, operation of the impugned judgment of the Peshawar High Court dated 25.03.2024, as well as, the order of the Election Commission of Pakistan dated 01.03.2024 is suspended. It is, however, clarified that this interim order relates to the disputed seats only, i.e., the reserved seats allocated over and above the initially allocated reserved seats to the political parties. It is also clarified that this order is to operate prospectively, w.e.f., from today.”

RULING

In exercise of powers vested in me under Rule 209 of the Rules of Procedure of Provincial Assembly of the Punjab 1997, I, Malik Muhammad Ahmad Khan, Speaker, announce the following ruling on the issue:

On May 9, 2024, when the 9th Session of Provincial Assembly of the Punjab commenced, Mr Aftab Ahmed Khan, MPA (PP-108) raised a point of order that after the above-mentioned order of Supreme Court of Pakistan dated May 6, 2024, the women and non-Muslim members present in the House, who had been declared elected against the above-mentioned quota should not sit in the House.

I am of the view that the said order and the consequent proceedings should have been communicated to the Speaker by the ECP, but it wasn’t. Hence, I was not in a position to decide the matter there and then. However, now the order has been produced in the House by Mr Aftab Ahmad Khan, the Speaker is bound to comply with it.

With this reasoning, I rule that point of order raised by Mr Aftab Ahmad Khan, MPA on May 9, 2024 is in order and the women/non-Muslim members declared elected vide ECP Notifications dated March 4, March 8 and March 22, 2024 cannot function as member or participate in the proceedings of the Assembly, until their status is clarified by the ECP or the Hon’ble Supreme Court.

Questions relating to Industries, Commerce & Investment and Mines & Minerals Departments were asked and answered by Mr Shafay Hussain Minister for Industries, Commerce & Investment and Sardar Sher Ali Gorchani, Minister for Mines & Minerals respectively.

1.

Notice moved by Mr Aftab Ahmad Khan regarding the demand not to privatize nearly 13,000 government schools across the province.

Pended for reply by the Minister concerned.

2.

Notice moved by Mr Ahmar Bhatti regarding condition of Sir Ganga Ram Hospital MRI and CT scan machine which were out of order and the facilities of laboratory tests were not available.

Disposed of. Answered by Minister concerned.

3.

Notice moved by Mr Ahmar Bhatti regarding fear of epidemic outbreak due to inefficient sewage system in Constituency PP-165 Raiwind City.

Disposed of. Answered by Minister concerned.

4.

Notice moved by Mr Waqas Mahmood Maan regarding demand for implementation of rules and regulations by contractors in cattle markets across the province.

Disposed of. Answered by Minister concerned.

5.

Notice moved by Mr Ahmad Khan regarding the Department of Specialized Healthcare and Medical Education's issue of contracting out angiography facilities in government hospitals.

Disposed of. Answered by Minister concerned.

1.

Motion moved by Mr Malik Wasif Mazhar.

Pended (Mover not present)

2.

Motion moved by Mr Muhammad Ilyas regarding behaviour of DPO Chiniot.

Referred to Special Committee # 1.

3.

Motion moved by Mr Shahid Javed against manhandling by DSP Mian Munir during a protest by the Opposition.

Referred to Special Committee # 1.

4.

Motion moved by Chaudhry Muhammad Tariq against SHO and Sub-Inspector, who raided his house.

Referred to Special Committee # 1.

5.

Motion moved by Mr Imtiaz Mehmood against Lahore Police about their action outside election office of Constituency NA-119.

Referred to Special Committee # 1.

1.

Motion # 56/2024 moved by Sardar Mohammad Ali Khan.

Referred to Special Committee.

2.

Motion # 58/2024 moved on 01-04-2024 by Chaudhry Muhammad Ejaz Shafi.

Pended for reply by the Minister concerned.

3.

Motion # 118/24 moved by Mr Shuaib Ameer.

Pended (Mover not present)

4.

Mr Amjad Ali Javed moved his motion about the eye injection Avastin, costing Rs 1,500 which has been banned in Pakistan and its alternative Patizra is very costly. This decision affects millions who rely on these injections.

Pended for reply by the Minister concerned.

5.

Motion # 46/24 moved by Mr Aftab Ahmad Khan.

Disposed of. Minister concerned to visit hospital and resolve the issue.

Mr Mujtaba Shuja Ur Rehman, Minister for Parliamentary Affairs, laid before the House the following reports, which were referred to the concerned Public Accounts Committees, with the directions to examine and report within one year:

1)      Special Audit Report on the Accounts of Tehsil Headquarter Hospital Sillanwali for the Audit Year 2021-22.

2)      Performance Audit Report on Provision of Municipal Services of Municipal Corporation Gujrat, for the Audit Year 2021-22.

3)      Performance Audit Report on District Education Authority on Provision of Free Education to 10% Disadvantaged Children of District Sargodha, for the Audit Year 2021-22.

4)      Performance Audit Report on Non-Salary Budget of Schools of Districts of Lahore, Sheikhupura, Nankana Sahib, Okara and Kasur, for the Audit Year 2021-22.

5)      Audit Report on the Accounts of District Education Authorities of 19 Districts of Punjab (North), for the Audit Year 2022-23.

6)      Audit Report on the Accounts of District Health Authorities of 19 Districts of Punjab (North), for the Audit Year 2022-23.

7)      Audit Report on the Accounts of Provincial Zakat Fund and District Zakat Committees Punjab, for the Audit Year 2022-23.

8)      Appropriation Accounts of Forest Department, Government of the Punjab, for the Year 2021-22.

9)      Audit Report on the Accounts of Expenditure, Government of the Punjab, for the Audit Year 2022-23.

10)  Special Audit Report on Government Post Graduate College, Attock, Government of the Punjab, for the Audit Year 2021-22.

After getting suspension of Rules by the House, Mr Amjad Ali Javed moved a resolution that Punjab Assembly condemns the killings of 7 Punjabi laborers and 11 passengers in Gwadar Balochistan, expressing condolences and demands for justice. The House demanded federal government to arrest terrorists and Punjab government to provide assistance for heirs of the victims. The resolution was unanimously adopted by the House.

The House was adjourned to meet on Monday, May 13, 2024 at 02:00 pm.