LAHORE: A Lahore High Court (LHC) larger bench on Tuesday hinted at holding a fresh election for the post of the chief minister of Punjab under the same circumstances of April 16 when Hamza Shehbaz was elected in an election held on a court’s order.

The five-member bench was hearing appeals of Pakistan Tehreek-i-Insaf (PTI), PML-Q and Punjab Assembly speaker Ch Parvez Elahi against the decisions of different single benches regarding election and oath taking of CM Hamza.

Justice Sadaqat Ali Khan, who heads the bench, asked Advocate General of Punjab (AGP) Shahzad Shaukat and the counsel of the appellants to assist the court on a point whether the crisis could be ended if a fresh election was conducted under the same position of April 16.

The judge observed that the fresh polling would be conducted by the same presiding officer, which was deputy speaker in this case, who held the previous poll.

At this, PTI’s counsel Syed Ali Zafar stated that the election conducted by the deputy speaker was already under challenge before the court.

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However, the judge maintained that the deputy speaker would conduct the fresh polling, if held, as there was an order by the court.

Mr Zafar further stated that the fresh election would be unconstitutional if held while Hamza remained in office. He pointed out that former chief minister Usman Buzdar had caretaker charge of the office when the previous election was held. He said ten days should be given before holding a new election.

He also argued that the situation could not be reversed to the position of April 16 as 25 MPAs, who defected in the election, had been de-seated and the Election Commission of Pakistan (ECP) had also been directed by the court to notify new MPAs on five reserved seats.

The bench, however, observed that the presiding officer would count majority in the house after excluding the de-seated MPAs.

Justice Sadaqat Ali Khan observed that the Supreme Court had already declared that the votes of the defectors were not to be counted and “this court can issue an order for the implementation of the Supreme Court’s decision.”

The judge observed that the PTI’s counsel was asking for ten days’ time before announcement of new election so that the ECP issue notification of the MPAs on five reserved seats.

“They cannot cast vote in the new election even if the ECP notifies the MPAs on the reserved seats,” the judge maintained to the counsel who argued that the new MPAs on reserved seats would cast their vote in the fresh election.

AGP Shaukat sought one day time to seek instructions from the chief minister on the question of new election posed by the bench.

Initially, the bench asked the parties to come up with suggestions on the new election by 12 noon.

However, later the bench adjourned the hearing till June 29 (tomorrow).

Justice Shahid Jamil Khan, Justice Shehram Sarwar Chaudhry, Justice Sajid Mahmood Sethi and Justice Tariq Saleem Sheikh are the other members of the bench.

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