Appointing July 22 as the day of re-election for Punjab CM, apex court has ordered Hamza Shehbaz to continue in office until then.
By Staff Reporter
ISLAMABAD: The Supreme Court Friday ruled the election for the post of Chief Minister Punjab would take place on July 22 to allow all parties due time to prepare for the exercise, but ordered Hamza Shahbaz to continue in office until that time.
Ceased with the hearing of an urgent appeal from former Prime Minister Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) earlier today, the three-member special bench showed an acute sense to urgency over the matter, adjourning for small intervals several times to allow the parties to reach a compromise deal.
The appeal was filed against the Lahore High Court’s (LHC) verdict ordering a recount of the votes cast for the election of the Punjab chief minister.
Encouraging the rival parties to reach a political compromise, the Apex court invited both Hamza Shehbaz and Pervez Elahi through a video link to given their point of view.
Pervaiz Elahi agreed to accept Hamza Shehbaz as CM Punjab until July 17, when the re-election is now set to take place. The PTI counsel Babar Awan disagreed and demanded Hamza Shahbaz be de-notified as CM Punjab.
The bench, headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justice Ijazul Ahsan and Justice Jamal Khan Mandokhail, then adjourned for half an hour for the third time.
At the outset of the hearing, Awan highlighted that one of the judges from the LHC bench had penned a dissenting note. However, Justice Ahsan pointed out that the judge in question had agreed with the majority decision on one point.
“It’s simple. The order says that 25 votes should be excluded from the 197 garnered [by Hamza],” he added.
Awan said that the PTI merely wanted the maximum number of lawmakers to be allowed to cast their vote. The CJP, however, pointed out that this was not mentioned in the PTI’s plea.
“We have come after reading your plea,” he said. “Basically, you do not believe that the decision is in your favour,” the CJP added. At this, Awan said that the PTI accepted the LHC decision in principle.
CJP Bandial then highlighted that four of the judges from the LHC bench had suggested holding the PA session today while one had suggested holding it tomorrow. “Do you accept tomorrow as the date for the PA session”, he asked Awan.
Justice Ahsan also enquired whether the MPAs who were unable to attend due to their absence from the country could return within 48 hours.
During the hearing, Awan said that the PTI wanted to contest the election but “should be given a level-playing field”. He told the court that the Punjab chief minister’s election was held on April 16 in a session marred by chaos and violence.
“The police was called to the House after a scuffle broke out”, he said.
Justice Ahsan noted that Hamza had garnered 197 votes in the election. “The LHC said that whoever gets the majority [votes] in the second poll would be elected. And the court had directed to recount the votes excluding 25 cast by PTI dissidents”.
He said that the LHC had ordered the votes to be recounted before the second round of voting, but “you say that your lawmakers are not available”.
Further elaborating on the LHC order, he said it meant that all lawmakers present in the House should vote.
Justice Ahsan disagreed with Awan’s stance that Provincial Assembly proceedings could wait until all lawmakers were available. “After the exclusion of these 25 votes, Hamza’s election does not remain valid,” he said, adding that there was “no need for a simple majority of 186 votes in the second round”.
However, Awan clarified that he was not asking to wait for the lawmakers who are abroad, but said “adequate time should be provided so that the maximum number of members can participate in the voting”.
On one occasion during the hearing, CJP Bandial questioned how the apex court could interfere with the matter of scheduling a PA session. “Should we fix July 2 as the date for voting, as suggested by the dissenting judge?” he asked.
“Are you ready to vote tomorrow?” the CJP further asked Awan. Justice Ahsan further remarked that those members who were in Pakistan could reach within a day.
At this point, the PTI’s lawyers asked to defer the re-election process for seven days to which Justice Ahsan remarked that this would not be appropriate.
He further said that it would not take lawmakers who were in the country more than 24 hours to reach the assembly.
Awan complained that the Election Commission of Pakistan had not yet notified lawmakers on the five reserved seats in the PA.
At one point, the CJP asked Awan: “Do you want that the province remains without a chief minister for seven days?”
“Who can run the province when the chief minister is not available?” Justice Ahsan asked.
Justice Mandokhail said that the matter of adequate time should first be concluded before deliberating on the remaining points. Justice Ahsan then said the governor could ask a chief minister, who was elected in a lawful manner, to continue working.
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