Law likely to hinder dream of 'Q rebels

LAHORE When the PML(Q) dissidents are all one to support the PML(N) and the latter ready to take some of them in the Punjab government, the proposition is, how will the two be integrated in terms of the Constitution and the law? It is true that the dissidents were elected on PML(Q) tickets and represent this party in the Punjab Assembly. The question is would they still be subject to the line of the parent party at the time of no trust or presentation of the money bill while enjoying representation in the Cabinet? And that, can the dissidents at all join the Cabinet in their present form?. The Punjab Governor, himself a senior jurist, in a recent interview viewed the forward bloc can go against policy of the parent party according to the Constitutional provision. The present tug of war is around the PML(Q), which is bonafidely registered with the Election Commission. 'The dissidents may be like minded and have a common goal, yet they are subject to the party policy and cannot outgo the same, a section of jurists opine. They say party head can expel them from party and whether they can expel the party head on basis of majority strength on the floor of the House, is a tricky question. Therefore, the dissidents should either seek change of guard at the party level to take charge of the party affairs or move the Election Commission with a plea for separate party to get an independent identity. Under the law, they opine, even if the Speaker refers the matter to EC for treating them as separate party, the EC has to apply its judicial mind and then decide what is required under the law. However, the issue is intricate and would surely require judicial interpretation before the court of law. Former Law Minister Dr Khalid Ranjha on this count is clear that the dissidents would be deemed removed from their parents party, if they joined the government or support the PML(N). Article 63A of the Constitution is very clear that it is the party head who rules the roost in framing policy of the party to let his members toe it in the House which is mandatory at time of no-trust against Leader of the House. He said what that dissidents want is tantamount to seeking a new party which they have not created as yet, but can only through the recognised procedure. He is of the opinion that dissidents deviation from the party line and seeking formation of an independent party to take seats in the Punjab Cabinet and side with PML(N), is Constitutionally unacceptable and amounts to horse-trading that has been strongly prohibited in the Charter of Democracy. However, he said the locus standi of the dissidents is yet not clear as such they are just in the air without any ground. President Lahore High Court Bar Association Mian Abdul Quddus is of the view that the dissidents can move application to the Speaker for separate party and seats but they cannot join the Cabinet unless the first issue is decided. If they do it without waiting for the decision, they would be liable to the provision of Article 63A. Senior Jurist Dr A Basit sees the balance of convenience tilted in favour of the dissidents while finding certain serious grey areas which, he opines, can be rectified only through the court of law. The dissidents, he says, do not claim they are splinter of the Q-League but a separate party and for that matter, they have to get into the shoes of the PML(Q) which they cannot do under the Constitution as long as Parliamentary head of this party existed in the House. The dissidents, Dr Basit says, claim they in majority, differ with the party policy hence their divergent view should be treated as view of their party. They also question the party elections to have their point of view accepted by the speaker. They claim that the party elections were not democratically held or in fact 'no elections were held, and that had they been democratically held, they would have come up with majority to have their own party head. In the face of this claim, they are confronted with a constitutional bar. The Constitution strictly provides for the party head to frame a policy and float it to the parliamentary head and the speaker is bound to accept this order, which would prevail until dissidents point of view is constitutionally accepted. As to the matter of change of the party, the question is for the determination of election commission which the dissident may again raise before court of law, praying for a fresh elections under its supervision. Dr Basit further says, the PML(N) can itself come under heat and legal implications in case it got the dissidents in the government before the dissidents meet the prerequisites. He further views the position of the PML(Q) head about expelling the dissidents from the party, under doubts which perhaps, has held him back from taking action against the dissident so far.

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