LAHORE: Chief Justice Lahore High court (LHC) Justice Muhammad Ameer Bhatti on Friday issued notices to the Punjab government on two different petitions of Hamza Shehbaz and Dost Muhammad Mazari seeking direction to convene Punjab assembly session and hold election for the Chief Minister.

CJ Bhatti summoned the Secretary Punjab Assembly along with the record and remarked that one has to follow the rules and the law.

Hamza Shehbaz and the deputy speaker of Punjab assembly Dost Muhammad Mazari have approached the Lahore High Court seeking direction to convene the assembly session to elect the chief minister.

Azam Nazir Tarar, appeared on behalf of Hamza and pleaded that the Office of chief minister fell vacant on April 1st after the acceptance of the resignation of Sardar Usman Ahmed Khan Buzdar. Subsequently, the session of the Provincial Assembly was summoned for April 2nd for election of the Chief Minister.

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Hamza Shehbaz Sharif and Chaudhary Pervaiz Elahi filed their respective nomination papers for the office of Chief Minister, which were scrutinized in terms of Rule 18 of the Rules of Procedure. The nomination papers were accepted and the House called for the election of the office of Chief Minister on 3rd of April 2022 at 11:30 am.

He said the process of election for Chief Minister is governed under the Article 130 (4) of the Constitution and the Rules of Procedure. Rule 17 mandates that the Assembly “whenever the office of the Chief Minister falls vacant for any reason, the Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its members as the Chief Minister”.

He pointed out that the process of scrutiny and the acceptance of the nomination papers was completed on April 02, however, contrary to clear command of the law, on April 03rd the Deputy Speaker while presiding the house, adjourned the proceedings after a few minutes till April 06 without any reasons sustainable under the law.

But on the evening of April 05 the Secretary of the Assembly issued a Notification and adjourned the session for April 16.

He alleged the nexus and relations of the assembly Secretary with Pervez Elahi do not leave much to be mentioned about. Taking stock of the illegal actions of the secretary the Deputy Speaker issued an order and directed to hold the house for the election of the Chief Minister on April 06.

Unfortunately, the secretary and other administrative officers are taking illegal commands and orders from Pervez Elahi and for extending the undue and illegal benefit to him, the premises of the Punjab assembly were sealed on the afternoon of April 06 and none of the legislatures was allowed to enter the building.

He said the bar contained in the Article 69 is only for any “irregularity of procedure” and not for the kind of patent illegal Impugned Actions and unwarranted, unlawful inaction by the Respondents.

The petitioner pleaded that the impugned Actions and inactions are without lawful authority and of no legal effect.

He requested the court to issue directions that the session of the Provincial Assembly of the Punjab be convened forthwith and the process of election of the Chief Minister be completed without any adjournment in any manner.

He further requested that the Punjab government should be stopped from creating any hindrance or obstruction or interference with any members of the Provincial Assembly of the Punjab who wish to attend the session and cast their vote for the election of the Chief Minister.

Earlier, Chief Justice took up the petitions as objection cases after the registrar’s office put an objection that under article 69 assembly proceedings could not be challenged before any court of law.

After a brief hiatus, the Chief Justice of the Lahore High Court commenced a formal hearing on both the petitions. The court was informed that Advocate General Punjab was in Islamabad. On it, Mr Tarar requested the chief justice to continue hearing on Saturday, but it was declined. CJ remarked that the court has to take action under the constitution and law. It can’t go beyond the law. The Chief Justice remarked that he would hold a hearing only after the record is summoned. Senator Tarar said that there is a constitutional issue, the office of the Chief Minister cannot remain vacant even for a single day. On which the Chief Justice assured that for this reason the objection on the petition has been removed and fixed for hearing today.

The Chief Justice will resume the hearing on the petitions on April 11.