Ceased members cannot take part in proceedings

ISLAMABAD: Since 210 parliamentarians in all failed to submit annual details of their assets and liabilities by September 30, Election Commission has ceased their membership till they comply with relevant laws barring them to take part in proceedings of their respective houses.

But the Election Laws remain silent on any penalty on these two Senators, 40 MNAs, 98 MPAs from Punjab, 28 MPAs from Sindh, 32 MPAs from Khyber Pakhtunkhwa (KPK) and 10 MPAs from Balochistan who could not submit asset details within due date. The Commission can only cease their membership by the time they submit the details of their assets and their family members.

On this matter when asked, an ECP official stated that the Commission can only cease their membership for time being as it is the only provision in existing laws. “We can only announce cessation of their functioning as law proposes no penalty against those elected representatives who fail to comply with relevant election laws,” the official said.

He, however, mentioned that in proposed election reforms the Commission has demanded a penalty of cessation of membership for two months.

It is worth mentioning that at present the concerned law provides that commission can temporarily cease the membership of those members of the Parliament and Provincial Assemblies who fail to submit asset details for the days falling after September 30 every year the last date for submission of asset details.

“But now we have proposed law under which the Commission will be able to cease membership of those members who will fail to submit asset details for two months,” the official said.

“Once such a law is in place any member who will fail to comply with this law shall cease to function for two month from October 01 to onwards even if he or she submit asset details within days after the expiry,” he added.

“At present the law provides for ceasing the membership of those MPs who do not submit asset details by September 30 every year. But their membership is restored as soon as they submit the asset details. This will not happen in future because the proposed law provides that even if the members submit their asset details within days after expiry they will continue to cease to function for next two months starting from October 01,”he official said.

When asked as to who will monitor that if any ceased member takes part in proceedings of their respective houses, the official said it is responsibility of the Chairman Senate or Speakers of National and Provincial Assemblies to stop such members from taking part in proceedings.

He said under the law the members whose membership is ceased cannot take part in proceedings especially the voting process in legislation or any other matter. However the ECP took a lean view by saying that such members can go to respective Houses but cannot take part in proceedings.

The ECP conducts a marathon exercise of compiling details of assets and liabilities of the members and their families every year but number of members take this legal provision as casual because there is no specific penalty for such members who fail to comply with relevant election laws.