Possible no-confidence motion against speaker: Open vote to be held unlike secret ballot against PM Imran Khan

ISLAMABAD: Unlike an open vote in a no-confidence motion against the prime minister, a secret ballot is held on a resolution to de-seat the National Assembly speaker or the Senate chairman. Article 226 says all elections under the Constitution, other than those of the prime minister and the chief minister will be held by secret ballot.

Opposition circles, particularly senior Pakistan People’s Party (PPP) leader Syed Khursheed Shah, have spoken about the possibility of first sponsoring a no-trust motion against Speaker Asad Qaiser. In that eventuality, the presiding officer will not play the crucial role in dealing with a no-confidence resolution that he would against Prime Minister Imran Khan. Specifically, they are aware of the long time that the speaker could consume in bringing such a motion before the National Assembly for final voting. They know that any unnecessary prolonging of their move will create difficulties to save their supporters, especially those belonging to the ruling coalition partners, from the long arm of the government.

The Rules of Procedure and Conduct of Business in the National Assembly says that a member may give to the secretary notice in writing of a resolution specifying the charges against the speaker along with a motion for leave to move it under Article 53(7)(c) for the removal from office of the speaker or the deputy speaker. After that, the secretary will immediately circulate the notice to the members. However, the resolution will not contain arguments, inferences, ironical expressions, epithets or defamatory statements. In case, it contains such matter, it will be deleted from it.

The motion for leave to move the resolution will be entered in the name of the member concerned in the order of the day for the first working day after the expiry of seven days from the date of the receipt of the notice.

No other item will be included in the order of the day for the day fixed for a motion for leave to move a resolution. The speaker or the deputy speaker will not preside over a sitting of the National Assembly when a resolution for his removal is being considered.

Immediately after the motion has been moved, the chairperson will call such of the members as may be in favour of the leave being granted to rise in their seats. If at least one-fourth of the total membership of the assembly does not so rise, he will declare that the member has not the leave or if such membership so rises, he will call upon the member to move the resolution.

If the resolution is moved against Asad Qaiser, Deputy Speaker Qasim Suri, who also belongs to the Pakistan Tehreek-e-Insaf (PTI) and is the president of its Balochistan chapter, will be the chairperson of such a sitting. Both Asad Qaiser and Qasim Suri have equally earned flak from the opposition for their roles while presiding over the sittings.

The discussion on such a resolution will be strictly confined to the grounds stated in it. The member who actually moves the resolution and the speaker or the deputy speaker against whom the resolution has been tabled may speak for 15 minutes or such time as the chair may allow. The chairperson may allow the other signatories of the resolution, or any other member, to speak on the motion for which he may fix the time limit.

The National Assembly will not be adjourned for the next working day until the motion for leave is disposed of or, if leave is granted, the resolution has been voted upon. Voting on the resolution will be by secret ballot, which will be held in such a manner as the chair may direct.

If the [requisitioned] session during which notice has been given has been summoned by the speaker, the National Assembly will not be prorogued until the motion has been disposed of or, if leave is granted, the resolution has been voted upon. The speaker or deputy speaker will stand removed from his office on the resolution being passed by a majority of the total membership.