LHC issues notice to Hamza, others on petitions challenging his position as CM

PTI approaches LHC to declare Hamza's actions as Punjab chief minister null and void

LAHORE:

The Lahore High Court on Friday issued notices to Punjab Chief Minister Hamza Shahbaz and others after petitions were filed by the Pakistan Tehreek Pakistan (PTI) and the Pakistan Muslim League-Quaid requesting the court to declare 'null and void' Hamza’s chief ministership.

LHC Chief Justice Muhammad Ameer Bhatti also sought the input of the respondents’ lawyers “whether the Supreme Court’s decision about defecting lawmakers will have retrospective effect”, referring to the apex court’s interpretation of Article 63-A, related to the disqualification of PTI lawmakers in which the SC said the vote of absconding lawmakers would not be counted.

The petitions were filed by the PTI’s lawmakers including Speaker Punjab Assembly Pervez Elahi. Two other separate petitions were also submitted – one seeking the removal of Hamza as provincial chief executive and the second asking to declare null and void the contest on the CM’s slot held on April 16 in Punjab Assembly.

During the proceedings, Justice Bhatti questioned if the court had to examine whether the measures taken in the past could be declared null and void.

Additional Advocate General Jawad Yaqoob stated that the petitioners were being heard by the larger bench where they had pleaded that the oath taken by Hamza was against the Constitution, but in the LHC, the petitioners have submitted a petition to remove Hamza from his position.

Barrister Ali Zafar argued that the contest for Punjab chief minister had been administered after the provincial high court’s decision, following which, the PML-N leader took oath.

“After that the presidential reference was sent to the Supreme Court of Pakistan, the apex court interpreted Article 63-A and observed that the vote of the defecting lawmakers could not be counted,” he added.

The court adjourned proceedings to May 25.

Read: PTI challenges Hamza Shehbaz' election as Punjab CM

Pervez Elahi’s petition

According to the PA Speaker’s petition, 25 votes out of the 197 obtained by Hamza belonged to PTI members, and the dissident members went against party orders to vote for Elahi.

He requested the high court to declare that the incumbent CM was not the chief executive of Punjab as he failed to achieve the requisite numbers of votes as required by the Constitution.

“All consequential actions taken by Hamza Shehbaz in his purported capacity as the Chief Minister of Punjab and all and any other communications made, orders passed or notifications issued be set aside and declared to be null and void”.

It further pleaded that directions should be issued for fresh elections in accordance with the Constitution and the law and that the oath administered to Hamza Shahbaz be set aside.

Petition for Hamza’s removal

Petitioner senior advocate Mushtaq Ahmed Mohal filed the petition after the apex court’s interpretation of Article 63-A of the Constitution.

He contended that after the Supreme Court’s interpretation, Chief Minister Hamza Shehbaz Sharif had lost his constitutional right to remain in power and requested that the court restrain him from holding office as had lost the majority in the provincial assembly.

Read more Better to quit govt than jack up prices: Maryam

He requested the court to declare all measures and actions adopted by the incumbent chief minister as “illegal and unconstitutional”.

The petitioner also asked the court to restrain Hamza from performing his duties as the chief minister of Punjab and that the bureaucracy – including the chief secretary – be stopped from obeying Hamza’s orders.

Contest be declared null and void

PTI lawmaker Sibtain Khan and others also requested the LHC to declare null and void the election held for the chief minister in the Punjab Assembly on April 16.

The party implored in their petition that PTI lawmakers were thrown out of the PA under the direction of Hamza and claimed that they had been deprived of their right to vote on April 16.

The lawmakers questioned how the police could enter the assembly chambers and stated that despite the provincial assembly’s ban on private members in the assembly chambers, Deputy Speaker Sardar Dost Muhammad Mazari had invited over 300 private members that day.

They contended that PTI lawmaker Ahmad Saleem had not voted for PML-N but he was listed among those who had exercised their right of vote.