Lahore High Court (LHC) Chief Justice Muhammad Ameer Bhatti, turned down the request of PML-N leader Hamza Shehbaz for immediat6e hearing of his petition and said that it would be heard on April 11 (Monday).The judge said that there is no emergency to hear his petition forthwith.
Justice Bhatti, however, turned down the request of Mazari's counsel seeking entry into the Punjab Assembly. “Let the record be produced before the court to pass an appropriate order in this regard,” said the LHC CJ.
Hamza and Mazari had filed two separate petitions in the high court in connection with the election for the Punjab CM slot.
Hamza had urged the court to declare authorities concerned to convene the session of the assembly at the earliest for voting on the CM seat while Mazari had sought cancellation of the PA speaker’s ruling that had stripped him of his acting speaker's powers.
At the outset of the proceedings, Mazari’s counsel informed the bench that Speaker Pervaiz Elahi illegally withdrew the powers and had been causing obstructions in the CM’s election.
Justice Bhatti asked why couldn’t the speaker withdraw power if he could delegate them?
The counsel for Mazari responded that Speaker Elahi was a nominee for the CM slot; therefore, he could not perform duties as a speaker.
“The deputy speaker is carrying out the duties of the speaker under Clause (3) of Article 53 read with Article 127 of the constitution,” the counsel informed. “As per Clause (3) of Article 53, when the office of Speaker is vacant, or the speaker is absent or is unable to perform his functions due to any cause, the deputy speaker shall act as speaker’,” he apprised the court.
Province without CM
Hamza Shehbaz’s counsel said the province was without a chief executive and the cabinet members were following their vested interests. “The PML-N lawmakers are not being allowed to enter the assembly,” he said, adding that Elahi had resorted to delaying tactics to sabotage the election.
He argued that April 3 was fixed for voting but the house was adjourned till April 6. “On April 5, an order was issued that the election will be held on April 16,” he said, adding that Deputy Speaker Mazari defied the order as per the constitutional responsibility and said the house will meet on April 6 as scheduled.
“Since that day the Speaker Elahi started taking the things personally and violated the assembly rules to obstruct the election,” the lawyer claimed.
CJ Bhatti removed the objections on the petition that had earlier been raised by the registrar and directed the advocate general Punjab to appear before the court. The hearing was adjourned till April 11 after the court was told of the unavailability of the advocate general.
Plea before LHC
Earlier in the day, PML-N leader and the opposition's nominee for the post of the Punjab chief minister, Hamza Shahbaz submitted a petition seeking the intervention of the court in the election for the CM.
However, the registrar of the LHC raised objections over both petitions, stating that assembly proceedings could not be challenged before courts. However, PML-N counsel Azam Nazir Tarar asked for the petition to still be fixed for hearing, saying they will give arguments on the objection as well.
In his petition, Hamza urged the court to direct concerned authorities to convene a session of the Punjab Assembly after fulfillment of due requirements and hold voting for the chief minister's post without any delay.
The petition also requested the court to declare actions - adjourning the session, sealing the premises, and stopping lawmakers from voting - illegal. The post of the chief minister has been vacant since April 1 but elections were being delayed to elect a new chief executive, the petition read.
The plea also sought the convening of the session at the earliest and election for the post of the CM without any adjournments. It also requested the court to ensure there would be no obstruction during the voting for the election of the CM.
In his petition, Hamza made the chief secretary, speaker/deputy speaker, the PA secretary, Pervez Elahi and the Inspector General of Police Punjab the respondents.
He contended in his petition that the facts and circumstances have triggered a constitutional crisis of a magnitude not witnessed in the parliamentary history of the province.
“The matter is of great public importance relatable to enforcement of several fundamental rights of the citizens of the province, including the petitioner. Therefore, the petitioner seeks kind indulgence of this court, to issue the declarations and directions prayed above.”
Punjab Assembly session
The session was summoned on April 2, 2022, for the election on the CM’s post contested by Hamza and PML-Q senior leader and PA Speaker Chaudhary Pervaiz Elahi. The election was supposed to take place on April 3 but the session was adjourned after a ruckus.
Deputy Speaker Dost Muhammad Mazari adjourned the proceedings till April 6. But on April 5, the PA secretariat issued a notification extending the sitting date of the House to April 16. But later another order was issued stating the house will meet on April 6.
Later, the PA’s secretary and other administrative officers on the orders of the speaker sealed the PA and none of the lawmakers were allowed to enter the building of the assembly. The PML-N and its allies held a symbolic session at a local hotel in Lahore wherein Hamza was selected as the chief minister.
COMMENTSPML-N leader Hamza Shahbaz approached the Lahore High Court (LHC) on Friday seeking its help in holding elections for Punjab's new chief minister in a "fair and transparent" manner.Hamza's petition, a copy of which is available with Dawn.com, named the province of Punjab through its chief secretary, the PA speaker and deputy speaker, and the provincial police chief as respondents.
LHC Chief Justice Amir Bhatti took up the petition alongside a similar plea filed by Punjab Assembly (PA) Deputy Speaker Sardar Dost Mazari — who was recently stripped of his powers by Speaker Chaudhry Pervez Elahi for joining the opposition ranks.
Earlier in the day, the registrar had raised objections on Hamza's petition, stating that the speaker's orders could not be challenged in the court. However, they were removed by the LHC CJ, who admitted the plea.At the outset of the hearing, Hamza's counsel Senator Azam Nazeer Tarar argued that provincial lawmakers were barred from entering the assembly building on April 6. He said that the session for voting on the province's new chief was first scheduled to be held on April 6, before being moved to April 16.
"When the date for voting has been announced, what's the problem," the judge asked the counsel.
The lawyer replied that the province was without a chief executive for days, cautioning that it was an "important issue".
He went on to say that the Punjab advocate general had assured the Supreme Court on April 5 that the session would be held the next day.
"When the deputy speaker was made aware of this, he summoned a session," the lawyer said, adding that the apex court had announced a "historic" decision yesterday.
At this, the LHC chief justice summoned the Punjab advocate general and admitted the petition.
When the hearing resumed after a short break, the judge was informed that the Punjab advocate general was in Islamabad and would not be able to appear in court. Consequently, Justice Bhatti decided to issue notices to all respondents for Monday (April 11).
However, the PML-N lawyer protested that Monday would be too late and suggested that it should be fixed for tomorrow. "The SC even heard the case on a Sunday," he said, referring to the court's suo motu notice of National Assembly proceedings.
Justice Bhatti replied that the apex court had taken a suo-motu notice. "The hearing will take place as per the Constitution and the law. You have filed the case today. We will only be able to proceed once the record is available," the judge said, adding that the court had to work according to the rules of the Constitution.
The court issued notices to Elahi, Mazari, the Punjab chief secretary, and the provincial police chief. The judge also sought a record of the Punjab chief minister's election from the provincial secretary and adjourned the hearing till April 11.
Hamza's petition
In his petition, the PML-N leader stated that the inaction in holding elections for the post was "based on mala fide, with [the] intent to defeat the mandatory constitutional requirements, making political gains by using public office(s) and authority is evidently inchoate; arbitrary; unreasonable; irrational and without jurisdiction".
The petition said that after Buzdar's resignation, the nomination papers of Hamza and Elahi were submitted in the provincial assembly and which were later accepted. It added that a session was called on April 3 in order to elect the new chief minister but it was adjourned.
Consequently, the petitioner added, the deputy speaker directed to hold the session on April 6 at 07:30pm but the assembly premises were sealed and members weren't allowed to enter the building.
"In order to exhibit the clear will of the people’s representatives, the political parties who nominated and support the petitioner for the slot of chief minister, held a session in a hotel next to the building of the [PA] and passed a resolution in favour of the petitioner by a majority of 200 votes," the petition said, referring to the opposition's mock assembly session.
The petition also argued that under these circumstances, a constitutional crisis had been triggered which was "never witnessed before."
Hamza urged court to declare the impugned actions and inactions — such as adjourning the house without holding the election, sealing the PA premises and barring lawmakers from discharging their constitutional mandate — to be "without lawful authority and of no legal effect".
The PML-N leader called on the court to issue directives for convening the session of the provincial assembly "forthwith" and for the election process to be "completed without any adjournment in any manner whatsoever".
He also called on the court to direct the respondents to ensure that there is no interference with lawmakers who wished to attend the session and cast their vote.
Punjab CM election
The Punjab Assembly (PA) has to elect the new leader of the house after Usman Buzdar resigned last month. PML-Q's Chaudhry Pervaiz Elahi and PML-N's Hamza, who has secured the support of PTI's dissident lawmakers — the Jahangir Khan Tarin and Aleem Khan groups — are expected to go head to head in the race to become the next chief minister.
To be elected as chief minister, a candidate will need at least 186 votes in the 371-member house.
In the Punjab Assembly, the PTI has 183 lawmakers, PML-Q 10, PML-N 165, PPP seven, five are independent and one belongs to Rah-i-Haq.
The decisive factor in the election will be the support of the Jahangir Tarin group, which is said to have the votes of at least 16 MPAs.
On Thursday, the opposition submitted a no-confidence motion against Elahi, who is also the PA speaker, further squeezing space for the provincial government to play its cards.
After the apex court’s decision yesterday, where it nullified the National Assembly deputy speaker’s ruling on the no-confidence motion against Prime Minister Imran Khan, the ruling coalition in Punjab has once again warned its MPAs against voting for Hamza or they would be de-seated.
In the National Assembly, the joint opposition may not need the dissident PTI MNAs to oust PM Imran as it has the required numbers, including the support of the former government’s allies. But in the PA, the opposition needs the backing of a good number of PTI dissenters to install its chief minister.
On Wednesday, the PML-N-led opposition had been barred from entering the PA, as it was sealed after Elahi declared Deputy Speaker Dost Muhammad Mazari’s ‘order’ to summon the session ‘illegal’.
According to the assembly secretariat, the session will be convened on April 16 as per an earlier notification of the assembly signed by the deputy speaker. Elahi had used his authority as the speaker and ordered withdrawal of powers delegated to Mazari with immediate effect.
Mazari’s power to preside over a session was also snatched following the submission of a no-confidence motion against him by his own fellow lawmakers in the PTI-PML-Q coalition. His sudden change of heart was termed the ‘handiwork’ of the PML-N leadership that allegedly wooed him through a ‘good offer’.
