Punjab Governor Omar Sarfraz Cheema has said the process for conducting chief minister-elect Hamza Shehbaz's election was "unconstitutional" and lacking "legal sanctity" which "abstains" him to administer the oath to Hamza.
Cheema wrote a letter to President Dr Arif Alvi on Saturday, stating reasons for not administering the oath to CM-elect Hamza Shehbaz.
The election of Chief Minister-elect Hamza Shehbaz was conducted in a “sheer violation” of the Second Schedule Rules of Procedure of Provincial Assembly of Punjab, 1997, and against the direction given by the Lahore High Court. This has made the whole process for conducting the election “unconstitutional” and lacking “legal sanctity”, read the letter.
It further stated the elections for recording of votes of the CM is “prima facie filled with legal lacunae and loopholes”.
Referring to the Article 101, 104 and 255, the Punjab governor in the letter stated that he was not “bound to proceed under a mechanical way to administer oath in a situation where the whole procedure for conducting of elections have been violated.”
There is “no time period” prescribed in the Constitution for “conducting the oath”, read the letter.
Citing another reason for not taking oath from CM-elect Hamza, Cheema gave reference to the Punjab Assembly secretary’s report as a “sufficient proof” that the election of Punjab CM is an “offshoot of an unconstitutional act”.
The letter also sought the president’s indulgence in Buzdar’s resignation which was not addressed to the office of governor, as per the constitutional requirement, but to former prime minister Imran Khan.
On April 16, Pakistan Muslim League-Nawaz leader Hamza Shehbaz was elected the chief minister as the PML-Quaid and PTI lawmakers boycotted proceedings in the controversial Punjab Assembly session that was marked by violence and delays.
However, the swearing in of Hamza Shehbaz hit another snag as the hurriedly planned oath-taking ceremony scheduled for 4pm Saturday did not take place with the Punjab Governor citing ill-health issues to skip the ceremony.
Punjab governor is in hospital
Doctors have advised Cheema, who was admitted in Services Hospital Lahore on Saturday as his health deteriorated suddenly, to extend his stay in hospital for two more days after declaring the Punjab governor's health satisfactory.
MS Dr Amir Mufti said Cheema's condition was improving, but his multiple tests, including kidney test, will be performed.