LHC summons secretary over delay in CM’s election

CJ Bhatti says let record be produced to pass an appropriate order

LAHORE:

The Lahore High Court (LHC) on Friday summoned the Punjab Assembly secretary along with the relevant record pertaining to the election of the provincial chief minister.

Chief Justice Muhammad Ameer Bhatti heard separate petitions filed by PML-N leader Hamza Shehbaz and Punjab Assembly Deputy Speaker Dost Muhammad Mazari.

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,” the LHC CJ said.

Hamza and Mazari had filed two separate petitions in the high court in connection with the election for the Punjab CM’s 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 the speaker couldn’t 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, saying the house will meet on April 6 as scheduled.

“Since that day, Speaker Elahi started taking 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 of 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 opposition's nominee for the post of the Punjab chief minister Hamza submitted a petition seeking the intervention of the court in the election for the CM.

However, the LHC registrar raised objections over both petitions, stating that the 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.

Read: PML-N succeeds in filing no-trust move against Elahi

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, Elahi and the Punjab inspector general of police 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 CM’s election, which was contested by Hamza and senior PML-Q leader and PA Speaker Elahi. The election was supposed to take place on April 3 but the session was adjourned after a ruckus.

Deputy Speaker 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. Later, another order was issued stating the house will meet on April 6.

The PA 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. The PML-N and its allies held a symbolic session at a local hotel in Lahore wherein Hamza was selected as the chief minister.