Letter requesting implementation of Article-103 against Mr. Birjis Tahir, Governor Gilgit-Baltistan
Before the Honourable chief election commissioner for the election commission of Pakistan
Application for implementation of article-103 of the constitution of Pakistan against Mr Birjis Tahir governor Gilgit Baltistan and de notification of his membership from national assembly of Pakistan
Respectfully sheweth
That the applicant is resident of Gilgit city of Gilgit Baltistan and citizens of Pakistan.The applicant is member GILGIT_BALTISTAN herein after refers GB, council which is the highest legislative forum for Gilgit Baltistan and Mohammed Birjis Tahir is also ex officio Member GB council as being Minister KA&GB
That GB council is functioning as National Assembly and Senate for GB having legislative powers as well as executive authority over the federal subjects .The Prime Minister of Pakistan being the chairman of council can exercise executive authority over the council subjects either directly or through council.
The Gigit Baltistan empowerment and self governance order 2009 was promulgated by the President of Pakistan under article 258 of the constitution of Pakistan by exercising powers so vested on him under the provisions of the constitution of Pakistan, whereby GB have been given provincial status and authority over the provincial subjects without giving representation in Senate and National Assembly of Pakistan.
The provisions of GB empowerment order and the provisions of the constitution of Pakistan before introduction of 18th amendment in the constitution were in conformity and not inconsistent with each other, later on 18th amendment was introduced in the constitution of Pakistan delegating more powers and authority from center to the provinces of Pakistan.
That despite delegating more powers the 18th amendment had also imposed restrictions on the federal government in order to ensure the provincial autonomy of the provinces.
That Gilgit Baltistan is part of Pakistan and elected government of Pakistan can exercise powers vested under the constitution of Pakistan all over Pakistan including GB.
That after 18th amendment in the constitution of Pakistan some provisions of the empowerment order 2009 becomes void being inconsistent with the relevant provisions of the constitution of Pakistan.
GB empowerment and self governance order being executive order issued by the president under article 258 of the constitution can’t be given preference over the provisions of the constitution of Pakistan.The article 95 of GB empowerment order and article 143 of the constitution of Pakistan provides that in case repugnancy between the federal and provincial laws, the federal law shall be given preference and provincial law up to the repugnancy shall be void.
Article 103(2)of the constitution states that if member of parliament is appointed as governor his seat in the parliament shall become vacant on the day he enters upon his office, whereas article 101(2) says the no person can be appointed as governor unless he is resident and voter of the province concerned.
That the honourable President and Prime Minister of Pakistan have taken oath under the third schedule of the constitution of Pakistan that they will discharge duties and perform functions in accordance with the constitution of Pakistan but making appointment to the portfolio of governor GB both of them violated the mandatory provisions of the constitution of Pakistan.
That on 12 February 2015 the president of Pakistan by violating the provisions of the constitution of Pakistan introduced amendment by inserting article 20(AA) in the GB empowerment order by issuing S.R.O 125(1)2015 as under,
Notwithstanding anything contained in this order, the president may appoint he federal Minister Kashmir Affairs and Gilgit Baltistan as the ex_ officio Governor of Gilgit Baltistan
The above SRO issued by the president of Pakistan for Gilgit Baltistan is inconsistent and contradictory with the provision of article 101(2) and 103 of the constitution of Pakistan which clearly provides that a person shall not be appointed as governor unless he is a registered voter and resident of the province concerned moreover article 103 says that if a member of parliament is appointed as governor his seat in parliament shall become vacant on the day he enters upon his office.
That during the month of February the president of Pakistan appointed Mohammed Birjis Tahir Member National Assembly and Minister Kashmir Affairs & GB Affairs, a non registered voter and non-resident of GB as governor for GB by violating article 101(2) of the constitution of Pakistan, who took oath on 16 February 2015 as governor for GB thereby entered upon the office of governor GB.
That under article 103(2) of the constitution of Pakistan if Member of parliament is appointed as Governor his seat in the parliament becomes vacant on the day he enters upon his office, but Mr Mohammed Birjis Tahir despite taking oath of the governor for GB is still attending the sessions National Assembly and acting as Minister for Kashmir Affairs and GB Affairs in gross violation of article 103(2) of the constitution of Pakistan .
That under article 103 the word simple governor has used and governor of the province hasn’t been used the legislature ,therefore the Membership of the National Assembly of Mohammed Birjis Tahir after being appointed as governor GB and taking oath of the office his Membership in National Assembly become vacant from 16 February, and he ceased to be Member of National Assembly from the day he entered into the office of the governor for GB.
That the article 103 (2) of the constitution emphasized upon the non_political status of a Governor by stating that even if the candidate for the post of Governor was an elected member of parliament before entering upon the office of Governor he had to vacate such membership and further had to take oath of the office.
That the President ,Prime Minister and Minister for Kashmir Affairs had violated the provisions of the constitution of Pakistan in order to get desired results in the upcoming general elections of GB provincial Assembly .
It is therefore humbly prayed as under
That Membership of Mohammed Birjis Tahir in National Assembly of Pakistan may be declared vacant from 16 February 2015 the day he enters upon the office of the Governor GB.
That amendment in GB empowerment order vide SRO no 125(1)2015 may be declared repugnant with article 101(2) of the constitution of Pakistan.
Amjad Hussain
Member Gilgit_Baltistan Council
Resident of Amphary Gilgit GB.
