LAHORE: A larger bench of the Lahore High Court (LHC) on Tuesday hearing appeals of the PTI, PML-Q and Punjab Assembly Speaker Ch Pervaiz Elahi against the decisions regarding election and oath-taking of Hamza Shehbaz as Punjab Chief Minister, hinted at holding a fresh election for Chief Minister Punjab.
Heading the bench, Justice Sadaqat Ali Khan adjourned the proceedings till June 29 (today) and asked the Advocate General Punjab (AGP) and the counsel of appellants to assist the court on a point whether the crisis could be ended if a fresh election was conducted under the same position of April 16.
The judge observed that the fresh polling would be conducted by the Deputy Speaker who held the previous poll.
At this, PTI’s counsel Syed Ali Zafar stated that the election conducted by the Deputy Speaker was already under challenge before the court. However, the judge maintained that the Deputy Speaker would conduct the fresh polling, if held, as there was an order by the court.
Ali Zafar further stated that the fresh election would be unconstitutional if held while Hamza remained in office. He pointed out that former chief minister Usman Buzdar had caretaker charge of the office when the previous election was held. He said 10 days should be given before holding a new election.
He also argued that the situation could not be reversed to the position of April 16 as 25 MPAs who defected in the election had been de-seated and the Election Commission of Pakistan (ECP) had also been directed by the court to notify new MPAs on five reserved seats.
The bench, however, observed that the presiding officer would count majority in the house after excluding the de-seated MPAs. Justice Sadaqat Ali Khan observed that the Supreme Court had already declared that the votes of the defectors were not to be counted and “this court can issue an order for the implementation of the Supreme Court’s decision.”
The judge observed that the PTI’s counsel was asking for 10 days in new election so that the ECP issued notification of the MPAs on five reserved seats. “They cannot cast vote in the new election even if the ECP notifies the MPAs on the reserved seats”, the judge maintained.
The AGP, however, sought one day time to seek instructions from the Chief Minister on the question of new election posed by the bench.
Initially, the bench asked the parties to come up with suggestions on the new election by 12 noon. However, later the bench adjourned the hearing till June 29 (today).
Copyright Business Recorder, 2022
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