The PTI has decided to take the unresolved matter to the Supreme Court, as the issue of the resignations of PTI leaders from the National Assembly continues to be unsolved despite repeated attempts to secure final clearance from the speaker.
PTI General Secretary Asad Umar’s attorney, Faisal Hussain, has already filed a petition in the Supreme Court challenging the IHC decision for failing to state that the acceptance of 123 lawmakers’ resignations by the then deputy speaker had taken effect and that the speaker has no authority or jurisdiction to verify such resignations.
Additionally, the PTI asked the IHC to issue a new declaration stating that the speaker is required to forward the 123 accepted resignations of PTI MNAs to the Election Commission of Pakistan for it to de-notify all 123 members and release a schedule for the by-election.
The petition was, however, denied by the then-IHC Chief Justice Athar Minallah.
The IHC CJ cited a 2015 ruling in which it was determined that a member’s resignation under Article 64 of the Constitution did not automatically take effect just because it was written in his or her name and sent to the speaker.