The Pakistan Tehreek-i-Insaf (PTI) on Thursday approached the Lahore High Court against the election of Hamza Shehbaz as chief minister of Punjab in light of the opinion given by the Supreme Court that the defectors vote would not be counted.
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Sibtain Khan and four other MPAs of the PTI filed a joint petition saying the election held on April 16 under the supervision of the deputy speaker/acting speaker whereby Hamza was declared a returned candidate for the chief minister was held without lawful authority.
The petition filed through Advocate Safdar Shaheen Pirzada and Barrister Ali Zafar said the impugned election in entirety was a sham and a mockery.
It stated that the scope of Article 63-A of the Constitution and its applicability on a particular member’s right to cast a vote had been interpreted by the apex court on a presidential reference that the votes of the defectors could not be counted.
The petition argued that the election conducted by the deputy speaker was in light of the orders passed by the high court and relying on aid from the Punjab police and administration. It alleged that the session of the assembly was held after severe beating of the members of PTI and PML-Q. It further alleged that Pervez Elahi, the candidate for the chief minister office, was also ruffed-up and suffered injuries.
The petition said Hamza was declared returned candidate by obtaining highest votes including 25 votes of the defectors.
It asked the court to declare the election of Hamza unlawful in view of opinion given by the Supreme Court about Article 63A of the Constitution and the votes of the defectors.
A senior lawyer, Mushtaq Ahmad Mohal, also filed a similar petition on same grounds requesting the court to seek explanation from Hamza that under what authority he was holding the office of the chief minister.
The petitioner further asked the court to restrain the provincial administration from extending support to the respondent chief ministry.
Chief Justice Muhammad Ameer Bhatti would take up these petitions on Friday (today).
Larger bench: A Lahore High Court larger bench on Thursday adjourned hearing on intra court appeals (ICAs) of the PTI against the decisions of two different single benches regarding oath taking of Punjab Chief Minister Hamza Shehbaz.
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PTI’s lead counsel Imtiaz Siddiqui continued his arguments against the impugned decision of the single benches. He argued that the attorney general and the advocate general of Punjab were not given an ample opportunity by the single benches before issuing the impugned decisions.
He said the court did not give time to the governor to apply his mind in the matter and Hamza kept filing petitions back to back. He argued that the governor was bound to administer oath to first chief minister of an assembly but had the power to refuse the oath to second chief minister citing reasons. He said the governor was not bound to implement the certificate of election issued by the deputy speaker.
The bench headed by Justice Sadaqat Ali Khan would resume further hearing on May 26.
