Speaker National Assembly has to follow the timeline outlined in SC verdict on vote of no-confidence

SC has laid down clear time line for Speaker to proceed further on no-confidence motion against PM Imran Khan in the National Assembly in its historic verdict

In its historic decision yesterday, the Supreme Court of Pakistan declared the  ruling of deputy speaker National Assembly to reject the no-confidence motion against PM Imran Khan unconstitutional and set aside it. In the paragraphs 8 to 12 of the SC verdict, the court has laid down the clear timeline for the speaker of National Assembly to conduct the proceeding of the house on vote of no-confidence against PM Imran Khan.

The speaker will follow the timeline of NA session provided in the SC decision;

The speaker has been directed to call the session of National Assembly under duty not later than Saturday 10:30 am on April 09. 
After the success of no-confidence motion in National Assembly, the house then will elect the new Prime Minister in the same session. 

The speaker will not be able do the the following as per the SC decision;
The speaker will not excercise his legal authority to adjourn the session of the national assembly without holding the voting on  no-confidence motion against PM Imran Khan

The speaker will not be able to adjourn the session for indefinite period without electing a new Prime Minister. 
The Speaker will not stop any member to cast its vote in the no-confidence motion voting.  

Here we are producing the relevant paragraphs of the SC decision  
The Speaker is under a duty to summon and hold a sitting of the Assembly in the present Session, and shall do so immediately and in any case not later than 10:30 a.m. on Saturday 09.04.2022, to conduct the business of the House as per the Orders of the Day that had been issued for 03.04.2022 and in terms as stated in, and required by, Article 95 of the Constitution read with Rule 37 of the Rules of Procedure and Conduct of Business in the National Assembly Rules, 2007 (“Rules”).

The Speaker shall not, in exercise of his powers under clause (3) Article 54 of the Constitution, prorogue the Assembly and bring the Session to an end, except as follows: SMC No.1 of 2022 etc. 7 a. If the Resolution is not passed by the requisite majority (i.e., the no-confidence resolution is defeated), then at any time thereafter; b. If the Resolution is passed by the requisite majority (i.e., the no-confidence resolution is successful), then at any time once a Prime Minister is elected in terms of Article 91 of the Constitution read with Rule 32 of the Rules and enters upon his office.

If the Resolution is passed by the requisite majority (i.e., the no-confidence resolution is successful) then the Assembly shall forthwith, and in its present Session, proceed to elect a Prime Minister in terms of Article 91 of the Constitution read with Rule 32 of the Rules and all other enabling provisions and powers in this behalf and the Speaker and all other persons, including the Federal Government, are under a duty to ensure that the orders and directions hereby given are speedily complied with and given effect to.

The assurance given by the learned Attorney General on behalf of the Federal Government in C.P. 2/2022 on 21.03.2022 and incorporated in the order made in that matter on the said date shall apply as the order of the Court: the Federal Government shall not in any manner hinder or obstruct, or interfere with, any members of the National Assembly who wish to attend the session summoned as above, and to participate in, and cast their votes, on the no confidence resolution.

It is further directed that this order of the Court shall apply both in relation to the voting on the Resolution and (if such be the case) in relation to the election of a Prime Minister SMC No.1 of 2022 etc. 8 thereafter. It is however clarified that nothing in this Short Order shall affect the operation of Article 63A of the Constitution and consequences thereof in relation to any member of the Assembly if he votes on the Resolution or (if such be the case) the election of a Prime Minister thereafter in such manner as is tantamount to his defection from the political party to which he belongs within the meaning of the said Article. 
                                                                                Khalid Bhatti 

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