Mazari to oversee Punjab CM election
The Lahore High Court (LHC) has allowed Deputy Speaker Sardar Dost Muhammad Mazari to preside over the Punjab Assembly session for the election of the chief minister scheduled to be held on April 16.
In his three-page order released on April 13, LHC Chief Justice Muhammad Ameer Bhatti also set aside the order through which the powers of the deputy speaker were withdrawn.
He also turned down the request of the PML-N for holding the contest early instead of the given schedule of April 16.
The chief justice, after hearing detailed arguments, had reserved the decision on April 12 after counsels from the PML-N, PML-Q, Chaudhry Pervaiz Elahi and PA secretariat could not reach a consensus on the neutrality of a person, who would be nominated to preside over the House on April 16.
A reliable source claimed that the PML-Q would file an intra-court appeal against the order.
The chief justice, in his order said, “the powers of the deputy speaker in terms of Rule 25 of the Rules of Procedure were withdrawn, being contrary to Article 53(3) of the Constitution by virtue of which Deputy Speaker in absence of the Speaker attained the status of Speaker for this Session, completely overriding the powers provided in Rules, is hereby set aside”.
CJ Bhatti, in his order further directed that “the Deputy Speaker on the date fixed April 16, 2022 shall proceed to elect the Chief Minister in terms of sub-Article (3) of Article 130 of the Constitution read with Rule 20 of the Rules of Procedure and all other enabling provisions and powers in this behalf. The Deputy Speaker and all other persons including the Provincial government are directed to act impartially, justly and fairly to ensure the supremacy of the Constitution”.
The CJ’s order further added that “during the course of arguments the respondent’s counsel including the Advocate General Punjab (AGP) have not shown any reservation for holding of election in terms of Article 130(3) of the Constitution read with Rule 20 of the Rules of Procedure on April 16, who shall not, in any manner, hinder, obstruct or interfere with any member of the provincial assembly who wish to attend the session summoned as above, and to participate in, and cast their votes in terms of short order of the Supreme Court dated April 7, 2022. The Secretary and other employees of the provincial assembly shall make all efforts to provide assistance which they otherwise are under legal obligation in this regard”.
He also directed the Punjab Assembly secretary to ensure the completion of renovation work of the assembly a day before the election and that the House should be made available for use on April 16 in a “respectable manner”.
Read LHC orders opening of Punjab deputy speaker’s office
Earlier, PML-N’s Hamza Shehbaz had filed a petition seeking contest on the CM’s slot, Mazari approached the court over being deprived of the powers of the acting speaker and the PML-Q secretary general sought the LHC assistance in the “recovery of its MPAs held hostage at a local hotel by the PML-N” and further seeking direction to implead PML-Q as respondent in petitions of Hamza and Mazari.
On April 9, the PML-Q requested the LHC to recover its lawmakers allegedly being kept hostage in a hotel.
The petitioner alleged that Hamza and other leaders were trying to change the loyalties of the provincial assembly members in violation of the Constitution and fundamental rights of the applicant.
The Punjab Assembly was left without a leader of the house after Usman Buzdar tendered his resignation last month.
Hamza enjoys the support of PTI dissident lawmakers – the Jahangir Tarin and Aleem Khan groups.
To be elected as the chief minister, a candidate will need at least 186 votes in the 371-member house.
In the Punjab Assembly, the PTI has 183 legislators, PML-Q 10, PML-N 165, PPP seven, five are independent and one belongs to Rah-e-Haq.
Last week, the opposition submitted a no-confidence motion against Elahi, who is also the Punjab Assembly speaker.
The opposition needs the backing of a good number of PTI dissenters to install its chief minister in the Punjab Assembly.
On Wednesday, the opposition was stopped from entering the Punjab Assembly, as it was sealed after Elahi decla¬red Mazari’s “directives” to summon the session “illegal”.
Elahi had used his authority as the spe¬aker and ordered the withdrawal of powers delegated to Mazari with immediate effect.
Mazari was deprived of the power to preside over a session following the submission of a no-confidence motion against him by his own fellow lawmakers in the PTI-PML-Q coalition.