LAHORE: New Punjab Chief Minister will be elected tomorrow. PML-N Hamza Sharif and PML-Q Pervaiz Elahi are contesting for the slot of Punjab CM.

Earlier, a division bench of the Lahore High Court on Friday directed Deputy Speaker Dost Muhammad Mazari to conduct the election for the new chief minister of the province in a fair, transparent and impartial manner on April 16 (tomorrow).

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The bench further directed the deputy speaker to facilitate national/international observers, media persons, representatives of PILDAT, Fafen and other organizations, etc. during the election for the post the chief minister.

The bench comprising Justice Shujaat Ali Khan and Justice Jawad Hassan ordered the chief secretary and the inspector general of police to ensure a foolproof security plan for the day of the election.

IGP Rao Sardar Ali, present in the court, stated that all possible measures had been taken for safe and smooth arrival of the MPAs to the assembly whereas the internal security was to be catered for by the secretary of the assembly in coordination with the security staff.

Chief Secretary Kamran Ali Afzal, present before the court, said all the departments had been directed to facilitate the election for the leader of the house of the provincial assembly.

The bench observed that in the event of any complaint by any side, rapid action shall be taken against the delinquent(s).

The speaker and the PML-Q had challenged a decision of a single bench whereby the single judge superimposed the condition that the deputy speaker shall preside over the chair despite the fact that he had himself approached the court seeking permission to conduct the election of the chief minister.

They also argued that there was a no-confidence motion pending against the deputy speaker.

However, the two-judge bench rejected the arguments of the appellants and upheld the decision of the single bench.

The bench in its 31-page judgment observes that since the speaker is unable to preside over the assembly due to his contesting for the post of the chief minister, therefore, the deputy speaker shall exercise the powers of the speaker in terms of section 53(3) of the Constitution for holding of elections going to be held on April 16.

It remarks that Mr. Elahi, the speaker, having submitted nomination papers to contest the portfolio of the chief minister, is unable to perform his functions as a speaker, thus, Mr. Mazari, the deputy speaker, by the operation of law assumed the role of the speaker.

The bench observes that a bird’s eye view over the rules makes it vividly clear that question relating to the conduct of the session of the assembly through the panel of chairmen only arises when the speaker or the deputy speaker are not present due to any reason.

And during the presence of the deputy speaker the matter cannot be referred to the panel of chairmen at the whims of the appellants, the bench adds.

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The bench remarks, “It is very strange to note that on the one hand, the appellants are of the view that this court cannot intrude into the internal affairs of the assembly but on the other are pressing hard for passing an order in violation of the Rules, 1997.”

Rejecting another argument of the appellants, the bench states that since the motion of no confidence is not being considered against the deputy speaker in the session of the assembly, scheduled on April 16, he cannot be considered incompetent to preside over the said session.

With these observations the bench disposed of the appeals against the single bench’s decision.