The Lahore High Court (LHC) Chief Justice Muhammad Ameer Bhatti heard the Punjab CM election case and remarked that all institutions are being bulldozed and the court has been trying to solve the issue between the two parties to reach any solution on the CM election date, reported 24NewsHD TV channel.
Azam Nazir Tarar, lawyer for Hamza Shehbaz, Monday adopted before the Lahore High Court (LHC) that voting for Punjab Chief Minister was to be held a day after the submission of the nomination papers as per the law.
“If the Punjab Assembly speaker is a candidate in the election, he cannot preside over the assembly session as he transfers his powers to the deputy speaker,” Tarar said.
“Under Section 9 of the Punjab Assembly Rules, the Speaker will have to resign if he participates in the election,” he stated.
Tarar informed the LHC the PML-N had filed a petition in the Supreme Court that elections be held in the Punjab Assembly on April 6, adding that on April 5, the Punjab advocate general stated that a meeting would be convened on April 6.
“Both of us did not know that the meeting had been adjourned till April 16,” he stated, adding the Supreme Court had also given its observation that a meeting should be held.
“But the deputy speaker was not allowed to enter the Punjab Assembly, and the meeting could not be held,” deplored Tarar.
“The Punjab advocate general informed the Supreme Court about not holding meeting on April 6. At this, the petition was filed in the Supreme Court by PML-N as party, not Hamza Shehbaz,” he maintained.
“The Speaker has the power to prevent any member of the assembly from attending the meeting. But, as the Speaker himself is the candidate for the chief minister slot, he cannot stop anyone from participating in elections,” stated Azam Nazir Tarar.
He demanded that the court bar Ch Parvez Elahi from creating any kind of obstruction. “Ch Parvez Elahi has become a judge in himself. He needs to resign from his post as soon as he submits his nomination papers. Dost Muhammad Mazari should be allowed to use his powers as the deputy speaker.”
LHC orders to resolve issue of Punjab Chief Minister through mutual consultation
Earlier, LHC Chief Justice Muhammad Ameer Bhatti ordered to resolve the issue of electing Punjab Chief Minister through mutual consultation.
The LHC chief justice heard the petition of Punjab Assembly Deputy Speaker Dost Muhammad Mazari against the adjournment of the session of Punjab Assembly.
“It remains to be seen whether the session of the Punjab Assembly can be adjourned in this manner, and, whether the procedure for the election of the chief minister has been violated,” the chief justice remarked and questioned: “What is the procedure for the election of the chief minister?”
The Punjab Assembly secretary said that the chief minister’s resignation came on April 1, and, candidates for the chief minister slot submitted their applications on April 2.
“Nomination papers were accepted after scrutiny, and a session of Punjab Assembly was called for voting on April 3. But, due to a brawl on the Punjab Assembly premises, the session was adjourned till April 6,” he added.
“Later, on April 5, the Punjab Assembly deputy speaker further adjourned the session till April 16. However, on April 6, it was learnt through social media that the meeting had been reconvened. At this, a no-confidence motion was filed against the deputy speaker and a notification was issued to revoke his powers,” he stated.
The chief justice inquired whether the election could be postponed. “According to the rules, what I understand, the date of the election cannot be changed.”
The counsel for the Punjab Assembly secretary replied that the assembly session could not be adjourned before 5 o'clock. “The proceedings of the assembly cannot be challenged under Article 69.”
The chief justice said: “Change may occur in time, but not in days. It’s not the way to follow the rules according to your own whims. Tell us! How long will it take for voting for the election of the chief minister?” You may hold elections in two or four days. Elections have not been held in 10 days.”
Azam Nazir Tarar, lawyer for Hamza Shahbaz, said elections should have been held on April 6 if Hamza Shahbaz’s papers were accepted. “We want the matter to be resolved in the office of the Punjab advocate general.”
Earlier in the day, the Lahore High Court (LHC) adjourned the hearing of the case relating to the election of the Punjab Chief Minister till 2pm on Monday (today), summoning the lawyers for both parties with further arguments, reported 24NewsHD TV channel.
“Tell me why these elections are to be held on 16th? Why can’t they be held tomorrow?” LHC Chief Justice Muhammad Ameer Bhatti put a question to the lawyer for Punjab Assembly Speaker Ali Zafar.
“Due to a brawl on the assembly premises, the date for the election of the Punjab chief minister has been extended,” the lawyer answered.
“The Supreme Court had said we will not interfere in the affairs of the province,” said Azam Nazir Tarar, lawyer for Hamza Shehbaz.
“My point in this case is that the Chief Minister should be elected soon,” remarked the LHC chief justice.
“You yourself should see that these rules have been made for a purpose. The court will not consider it appropriate if you do not recognise these rules,” he added.
“I have seen the entire proceedings of the National Assembly. Action was also taken in the National Assembly according to the rules,” stated the chief justice.
The Punjab advocate general adopted before the court that the united opposition had summoned a meeting on April 6 in the Faletti’s Hotel.
“This meeting of the opposition was also attended by Punjab Assembly Deputy Speaker Dost Muhammad Mazari,” he said.
“The deputy speaker was not present in the meeting. It was a political meeting,” responded Azam Nazir Tarar Advocate.
The chief justice also inquired from the Punjab advocate general about his appearance and statement in the Supreme Court, and what order the Supreme Court gave on his statement.
On the occasion, a heated argument took place between Ali Zafar and Azam Nazir Tarar. “Do not argue with each other,” the chief justice asked both of them.
Reporter: Malik Ashraf