Hearing separate petitions filed by PML-N leader Hamza Shehbaz and Deputy Speaker Dost Muhammad Mazari on Friday, Chief Justice Lahore High Court (LHC) Muhammad Ameer Bhatti summoned the record concerning the election of chief minister along with the secretary of the Punjab Assembly. 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 chief justice.
Hamza and Mazari had filed two separate petitions with the high court in connection with the election.
Hamza had urged the court to direct the 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 speaker’s ruling that stripped him of his acting speaker’s powers, says a news report.
At the outset of the proceedings, Mazari’s counsel informed the bench that Speaker Pervaiz Elahi illegally withdrew the powers and was 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.
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 objections to 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.
Earlier in the day, Hamza Shehbaz submitted a petition seeking the intervention of the court in the election for the CM.
However, the registrar raised objections to both the 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.
In his petition, Hamza urged the court to direct the authorities concerned 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.