The ruling poses no immediate threat to the ascendancy of Pakistan Democratic Front (PDM) in Pakistan’s most populous province.
By Staff Reporter
LAHORE: The Lahore High Court (LHC) on Thursday ordered a recount of the CM Punjab election held on April 16 after excluding the votes of 25 de-seated lawmakers of Pakistan Tehreek-e-Insaf (PTI).
As per the verdict, the votes will be recounted and the candidate securing majority of votes will be declared the chief minister of Pakistan’s most populous province.
While the ruling sent shockwaves across the Pakistani politics, many experts said it poses no immediate threat to Chief Minister Hamza Shehbaz Sharif on its own because he has enough vote to be elected even excluding the votes of dissident members of Imran Khan’s Pakistan Tehreek-e-Insaf (PTI).
In a short order LHC observed that the decision by the August Supreme Court of not counting votes of defecting members of a political party is squarely applicable to the election of Chief Minister held on April 14, 2022.
A five-member larger bench of the LHC, headed by Justice Sadaqat Ali Khan, and comprising Justice Shahid Jamil, Justice Shehram Sarwar, Justice Sajid Mehmood Sethi and Justice Tariq Saleem Sheikh announced the verdict.
The appeal pleas from PML-Q and speaker Punjab Assembly (PA) were also heard by the five-member bench.
It was a split decision. Four judges – Justice Sadaqat Ali Khan, and comprising Justice Shahid Jamil, Justice Shehram Sarwar – accepted the pleas while Justice Sethi raised some objections. Meanwhile, the court disposed off PML-Q’s pleas.
Article 130(4) of the Constitution of Pakistan governs the election of chief ministers, under which there is an obligation of a majority of 186 votes.
Hamza will no longer be the chief minister if he doesn’t retain the required majority after exclusion of 25 votes, while a second round of polls will be held as per Article 130(4) in case no one gets the majority after recount.
“We could, possibly direct fresh election after declaring the election as unlawful but it would nullify the direction by apex court to the state functionaries for conduct of election in accordance with the Constitution and the decision by learned Division Bench of this Court, appointing Deputy Speaker as presiding officer and directing for conduct of election on 16th April 2022,” the verdict stated.
It further said that the court could not quash the notification issued by the presiding officer either.
The verdict obliges Punjab governor to ensure that the PA session originally summoned by him is resumed without fail at 4 pm on July 1, and is not prorogued until “the election process is completed and Presiding officer intimates the result of elected Chief Minister to the Governor under the Rule 21”
In addition to this, the governor has also been instructed to ensure administration of the oath of office to the CM elected by 11:00 am on July 2, 2022.
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