LHC observes it might order Punjab CM re-election

Bench remarks dissident de-seated members will not be able to vote

LAHORE:

The Lahore High Court (LHC) larger bench has granted a day’s time to advocate general of Punjab and Advocate Mansoor Usman Awan for getting the opinion of Chief Minister Hamza Shehbaz Sharif on holding a second poll for the Punjab chief minister’s slot.

Advocate General Shehzad Shaukat was representing the government while Advocate Awan, CM Hamza.

The bench, headed by Justice Sadaqat Ali Khan, was hearing three intra-court appeals against the LHC’s orders — one against the decision of LHC Justice Jawad Hassan who had directed the National Assembly speaker to administer oath to newly elected Chief Minister Hamza, two against LHC Chief Justice Muhammad Ameer Bhatti’s decisions wherein he had first ordered the president of Pakistan to nominate anyone to administer oath to Hamza and secondly he had advised the Punjab governor to ensure administration of the oath.

As the proceedings commenced, the bench remarked that if the PTI’s point of view, for the sake of arguments, was accepted that the election held on April 16 was illegal and if the bench following their version, directs the second poll on CM’s slot, how it could be held.

PTI counsels Barrister Ali Zafar, Azhar Siddique and Amir Saeed Rawn argued that former chief minister Usman Buzdar be restored to the position of April 16 when Hamza was not the CM. However, the bench turned down their request.

Read Punjab CM election: LHC to run day-to-day proceedings

Again the PTI counsels asked that they should be given a 10-day time period so that the Election Commission of Pakistan could notify the five PTI members on reserved seats. The bench remarked that it would decide the matter on Wednesday.

The bench observed that the second poll could only be ordered if the presiding officer testified that the incumbent chief minister had no majority in the house after the ECP de-seated 25 dissident PTI MPAs. “The dissident de-seated members will not be able to vote if we go for second poll,” the bench remarked.

In the first phase of the proceedings, the bench observed that the bench would hand in the decision on this matter later. Meanwhile, the lawyers from both sides will appear at 12 noon along with the instructions from their clients. The lawyers will assist the court upon “how crisis could be avoided if the bench ordered a second poll” and “whether or not the presiding officer, who had held the contest on April 16, will serve his services on second poll”.

The PTI counsels argued, “We have challenged the polling process which was held through the deputy speaker violating all rules.”

However, the bench made it clear that if “we go to second poll, the deputy speaker will hold the contest as per the LHC’s decision”.

Later, the bench adjourned the proceedings till 12 noon.

As the bench resumed the proceedings, the advocate general sought a day’s time from the bench on a plea that “we have to brief the Punjab chief minister and then we will be able to reach a conclusion”.

On a point, the PTI lawyers argued that if the bench ordered a second poll, a fair one could not be possible under Hamza whose CM’s notification was also illegal.

The bench remarked that it was the job of the Law Division to examine the CM’s notification. On another point, the bench’s view was that the five members, if the ECP notified them on reserved seats, could not cast their vote. The PTI counsels argued otherwise.

However, the bench adjourned the hearing till June 29 (Wednesday)