The Lahore High Court on Monday directed the parties – including PML-Q’s Chaudhry Parvez Elahi, opposition leader Hamza Shehbaz, and Punjab Assembly Deputy Speaker Dost Mazari – to sit together and mutually suggest the date for the Punjab chief minister election, Aaj News reported.
LHC Chief Justice Ameer Bhatti gave the orders while hearing petitions pertaining to the Punjab CM election and adjourned the hearing of the case till 2pm. Punjab Assembly Secretary Muhammad Khan Bhatti also appeared before the court.
During the hearing, the LHC CJ questioned over the delay in the Punjab CM election. “Why can’t the election for Punjab CM be held tomorrow,” he said and called for summoning the assembly session early while stating that all parties should sit together in the office of the Punjab advocate-general to solve the matter in an amicable manner.
Punjab CM election petitions
Hamza, who is the son of Leader of Opposition in National Assembly Shehbaz Sharif, filed the petition on April 8 through his lawyer Azam Nazir Tarrar. He has made speaker, deputy speaker, and Punjab IG parties in the case.
“The post for Punjab chief minister has been vacant from April 1. The assembly secretary and administration officers are following the illegal orders of [Chaudhry] Pervez Elahi [Hamza’s opponent in the election],” read the plea.
It alleged that an unintended delay was being caused in holding the election for the Punjab CM, adding that Hamza Shehbaz was the “affected contender” in such a delay. “The Punjab Assembly cannot be delayed under Article 130. Parties have failed in fulfilling their duties.”
The plea further read that the assembly has been declared a “no go area” in order to “stop” lawmakers from casting their votes thereby creating a hurdle in the constitutional process.
“The court by summoning the Punjab Assembly session should immediately conduct an election for Punjab CM and declare the decision to seal the assembly, illegal,” it read.
The LHC had asked all the parties to submit their replies by April 11.
Separately, Punjab Assembly Deputy Speaker Dost Mazari had also moved the LHC against Chaudhry Parvez Elahi’s decision to “illegally” strip the former of his constitutional right to summon the House session.
“Parvez Elahi’s April 6 decision to stripping the petitioner of its constitutional right should be declared null and void,” it read, adding that the session has twice been delayed.
Election postponement
During the hearing, the judge inquired whether it was legally permitted to delay the election for the chief minister while remarking that it was seemingly not permitted.
"Can nomination papers be submitted a day before the poll?" the judge remarked.
PML-Q counsel Ali Zafar replied that the papers could be submitted any day before the election.
He also inquired if the speaker had the right to suspend the deputy speaker's powers if the former was contesting elections. "How can someone violate the election schedule and give a date of their own?" Zafar responded that the court could not intervene in the matters of the assembly.
