LAHORE: A Lahore High Court (LHC) five-member bench on Tuesday adjourned hearing of appeals against Hamza Shehbaz’s election and oath-taking till June 29.
The bench, headed by Justice Sadaqat Ali Khan, heard the appeals, filed by Speaker Punjab Assembly Chaudhry Pervaiz Elahi and Pakistan Tehreek-e-Insaf (PTI) MPAs including Sibtain Khan. During the proceedings, the bench observed that it wanted to decide the matter today [Tuesday] and directed the PTI counsel and provincial law officer to appear at 12pm after taking instructions.
The bench asked them to assist on the point that if the Punjab Assembly session was reverted to April-16 position and again polling was held for election of the chief minister, then how the crisis could be avoided. The bench observed that if the session was summoned again, then the same presiding officer would hold the polling, which conducted it on April 16.
To which, the PTI counsel submitted that the polling held under the deputy speaker had also been challenged. At this, the bench observed that the deputy speaker would hold the election, as the LHC had given a decision on the matter and the same had not been challenged. Punjab Advocate General Shahzad Shaukat sought one-day time, during the proceedings, saying that time was required as he had to brief the chief minister on the issue.
The PTI counsel submitted that the petitioners had challenged the election of Hamza Shehbaz. To which, the bench observed that if the petition was allowed, then what would be the situation. The PTI counsel expressed apprehensions on holding of elections in the presence of Hamza Shehbaz in office.
He submitted that at least 10-day time should be given for the election. He submitted that the situation could not be reversed as 25 members had been de-notified whereas the LHC had given verdict on five reserved seats of the Punjab Assembly. The bench observed that after excluding 25 members, the presiding officer had to judge who had the majority.
If the election was held, then the votes of de-notified members would not be counted, it added. Justice Sadaqat Ali Khan observed that the Supreme Court had given the verdict that the votes of the dissident members would not be counted and the court could order implementation of the verdict.
The bench observed that the PTI counsel was seeking 10-day time so that the notification of reserved seats could be issued. If the notification is issued, then the new MPAs could not cast their votes, it added. However, the PTI counsel contended that the new MPAs could cast their votes.
The court observed that if the position of April 16 was restored, and any one party gets majority, then the other could move a no-confidence motion, which would not create any constitutional crisis. Subsequently, the bench adjourned further proceedings till June 29.
