The Supreme Court has handed Pakistan’s most populous province to an ally of former Prime Minister Imran Khan as it ruled in an electoral dispute.
By Naveed Naqvi
ISLAMABAD: The Supreme Court of Pakistan (SCP) has declared the ruling of Deputy Speaker’s ruling rejecting the 10 votes of PML-Q void, declaring Pervez Elahi the elected Chief Minister Punjab.
The court has ordered Governor Punjab Baligh ur Rehman to commission the oath of office of chief minister to Elahi. If for any reason the Governor is not available, the President will officiate.
Deputy Speaker Punjab Assembly Sardar Dost Muhammad Mazari had rejected the 10 votes of PML-Q for their non-compliance with the orders of the party chief Chaudhry Shujaat Hussain, who had ordered them to vote Hamza Shehbaz.
The court took up the matter after Chaudhry Pervez Elahi filed a petition in the Lahore registry branch of the Supreme Court in the small hours Saturday following Friday’s runoff in the provincial assembly.
A three-member SC bench headed by CJP Umar Ata Bandial and including Justice Ijaz ul Ahsan and Justice Munib Akhtar heard the petition.
Deputy Speaker Mazari and the ruling Pakistan Democratic Movement (PDM) coalition boycotted the court proceedings after the bench declined their request for appoint a full court to hear the matter.
The bench maintains it is the exclusive privilege of the Chief Justice of Pakistan (CJP) to appoint a bench of his choice for a case and nobody can interfere with it.
In today’s proceedings, Supreme Court’s made a reference to a speech made the Punjab Assembly by Pakistan Tehreek-e-Insaf (PTI) member Raja Basharat in response to Mazari’s ruling.
Justice Ijazul Ahsan said that Article 63-A of the Constitution was read out to the Deputy Speaker by an MPA, and that the Deputy Speaker had said it was his decision, if you want to challenge then do it, Justice Ijaz-ul-Ahsan
The CJP said the issue of interpretation of Article 63A stood settled, and there was no further need for explanation. He praised Advocate General Punjab for his efforts to assist the court, but said his interpretation was incorrect.
The bench then adjourned for deliberations, and reconvened late in the evening to announce its verdict. The short order of the bench may be read in its entirety below.
Earlier, in his ruling Friday on the vote count in the runoff election, the Deputy Speaker had relied on the SCP judgment in Reference No. 1 of 2022 and Constitution Petition No. 9 of 2022, in which the court sought to interpret Article 63-A of the Constitution.
In that ruling, the SC had held that “if at all there is any conflict between the fundamental rights of the collectivity (i.e., the political party) and an individual member thereof it is the former that must prevail.”
It further said that “… the vote of any member (including a deemed member) of a Parliamentary Party in a House that is cast contrary to any direction issued by the latter in terms of para (b) of clause (1) of Article 63A cannot be counted and must be disregarded…”
Deputy Speaker Mazari relied on this judgement to reject all 10 votes of PML-Q after they voted contrary to the instructions issued by their party chief Chaudhry Shujaat Hussain to vote Hamza Shehbaz.
But Justice Bandial maintained in the original hearing Saturday the SC ruling cited included nothing to warrant the Deputy Speaker’s rejection of PML-Q dissenters’ votes. He summoned Mazari should “come and explain our decision to us” the same afternoon.
Mazari, however, opted to be represented through his lawyer Irfan Qadir Advocate.
When the proceedings began at Islamabad Monday, Deputy Speaker Mazari moved a petition seeking a full court to hear the matter. Hi plea was backed by the Supreme Court Bar Association (SCBA), Pakistan Bar Council (PBC), and several former presidents of SCBA – in addition to the ruling PDM coalition.
Arguing on behalf of Deputy Speaker Mazari, Irfan Qadir Advocate told the bench that the question was related to Article 63-A, which was a matter the learned court had already settled in its ruling over Reference 1 of 2022.
There was a lot of back and forth between Qadir and the bench, not all of which was pleasant. The senior counsel assured the court he had not come to pick a quarrel with the court but to provide judicial assistance.
Representing Chaudhry Pervez Elahi, senior advocate Ali Zafar argued that accepting the direction of the parliamentary party was democracy, but said those dissenting with the dominant view were also bound by the party’s decision.
He argued against the full court plea, emphasising the importance of complete trust in the court.
Liveblog By Desk/Reporters: Deputy Speaker Mazari’s ruling in apex court
The battle for Punjab between PDM and PTI has devolved into a court battle – which the former have boycotted. Which way will it go?
ISLAMABAD: The markets and the citizenry are waiting with bated breath Tuesday as the Supreme Court of Pakistan (SCP) takes up the case of dissenters’ votes rejected by Deputy Speaker Punjab Assembly Sardar Dost Muhammad Mazari in a runoff election for Punjab chief minister.
Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial is heading the bench, also comprising Justice Munib Akhtar and Justice Ijaz ul Ahsan.
Mazari is boycotting court proceedings along with other Pakistan Democratic Front (PDM) parties after the three-member bench of the apex court declined to appoint a full court to hear it.
PDM has no representation in today’s proceedings.
The bench maintains it is the exclusive privilege of the Chief Justice of Pakistan (CJP) to appoint a bench of his choice for a case and nobody can interfere with it. PDM maintains the impression that the same set of judges is monopolising all politically cases, especially because most of their rulings are going the way of a particular political party.
The court has commenced its proceedings. This is a developing story. Keep watching this space for important updates as they arrive.
Latest Updates
- Pervez Elahi declared Chief Minister Punjab
The verdict is finally in: The Supreme Court of Pakistan (SCP) has declared the ruling of Deputy Speaker’s ruling rejecting the 10 votes of PML-Q void, declaring Pervez Elahi the elected Chief Minister Punjab.
That is wrap for this liveblog. The detailed story will be uploaded in a little while to the top of this page.
- Verdict delayed until 7:30 p.m.
The word from the apex court is that the announcement of the ruling in this crucial case has been delayed until 7:30 pm.
- Hearing complete, ruling reserved until 5:45 pm
Word from Supreme Court of Pakistan (SCP) is that the three-member bench of completed its hearing of the matter concerning the 10 PML-Q votes rejected by Deputy Speaker Punjab Assembly Sardar Dost Muhammad Mazari in the runoff election for Punjab chief minister.
The court conducted one-sided proceedings into the matter today after a PDM boycot.
The court has reserved its ruling for now. It will be announced after the court reconvenes at 5:45 pm.
- PML-N loses another Punjab assembly seat
Pakistan Muslim League-Nawaz (PML-N) strength in Punjab assembly went down by 1 Tuesday when the Election Commission of Pakistan de-notified the party’s MPA Kashif Mehmood.
The ECP move came de-notify the election of Mehmood from PP 241, Chishtian District Bahawalnagar, in the light of the orders of the Islamabad High Court and the Supreme Court.
- CJP: Full court would cause unnecessary delay
Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial has said the court would prefer to decide this case soon, and appointing a full court would be tantamount to subjecting the case to unnecessary delay.
He called upon the boycotting parties to show grace and listen to the court proceedings.
Justice Ejaz ul Ahsan said under the Constitution, the parliamentary party makes a decision and if any member goes against that decision, the leader takes action against them.
The court has adjourned for a short break and will convene at 2:30 pm.
- Judges must recuse themselves, says PDM
Former Prime Minister Shahid Khaqan Abbasi and federal minister Ahsan Iqbal have said that when a finger is pointed at a judge or bench, judicial tradition requires them to recuse themselves from the case.
The PDM leaders said they are committed to the supremacy of the constitution and law, but cannot tolerate interference in the government process.
Chairman of People’s Party and Foreign Minister Bilawal Bhutto says the coalition has unanimously decided to propose to Prime Minister Shehbaz Sharif to undertake the necessary reform to ensure nobody can interfere with the affairs of the legislative or executive.
- PDM keeps pushing for full court hearing
It seems the Pakistan Democratic Front (PDM) side does not consider the matter of full court hearing for the case closed. In a press conference last night the ruling coalition rejected the Supreme Court’s decision and announced the boycott of further proceedings against the Deputy Speaker.
Mazari’s counsel Irfan Qadir has publicly said he intends to file a review petition.
A consultative meeting of the ruling alliance and PDM leaders continued into the night at the Prime Minister House. Sources close to the meeting say the coalition leaders have agreed not to back down from the full court demand.
Prime Minister Shehbaz Sharif, PDM Chief Maulana Fazlur Rehman, Maryam Nawaz, Bilawal Bhutto Zardari, leaders of MQM, Pakistan Muslim League – Quaid-e-Azam (PML-Q), ANP, Balochistan Awami Party, BNP and other coalition parties also participated.
PML-N Vice President Maryam Nawaz and other leaders of the party also participated in the meeting.
Sources say that the future strategy has been decided in the light of the decision of the three-member bench of the Supreme Court, and all leaders have agreed to move forward with a unified strategy.
Copyright © 2021 Independent Pakistan | All rights reserved
