A division bench of Lahore High Court (LHC), headed by Justice Shujaat Ali Khan, Thursday summoned Deputy Speaker Punjab Assembly Sardar Dost Mazari, chief secretary and inspector general of police on Friday (today) on a set of petitions challenging the court’s order which allowed the deputy speaker to preside over the session for election of the chief minister on April 16. The petitions were filed by Speaker Chaudhry Pervez Elahi and others. Since the appellants apprehend misconduct on the election day, Advocate General Punjab (AGP) was directed to ensure personal appearance of the chief secretary and IGP. As proceedings commenced, PML-Q and Elahi’s counsel implored the bench that courts could not intervene in the assembly’s business and that the deputy speaker could not preside over the house as he was ‘controversial’. However, the bench’s second member, Justice Jawad Hassan, stated that the rules allowed him to do so, says a news report. Elahi’s counsel Barrister Ali Zafar argued that the deputy speaker had become a controversial party after he became embroiled in the legal battle and had a no-trust motion submitted against him to the Punjab Assembly Secretariat.
The Punjab Assembly Secretariat’s counsel dispelled the impression that all powers of the then acting speaker Sardar Dost Muhammad Mazari had been withdrawn. He said his power to adjourn the house had been withdrawn while other powers at that time were intact. The Secretariat’s counselor questioned the court, “How is it possible to hand over the house to a controversial figure?” adding that the deputy speaker believes he must chair the house in light of the rules but it is not prerequisite. Earlier on April 13, Chief Justice Muhammad Ameer Bhatti allowed Mazari to hold contest on the CM’s election on April 16 and further turned down PML-N’s Hamza Shehbaz Sharif request to conduct early elections. The chief justice, after hearing detailed arguments, had reserved the decision on April 12 after counsel from the PML-N, PML-Q, Chaudhry Pervaiz Elahi and PA Secretariat could not reach a consensus on neutrality of a person, who would be nominated to preside over the House on April 16. The chief justice, in his order said, “The powers of the deputy speaker in terms of Rule 25 of the Rules of Procedure were withdrawn, being contrary to Article 53(3) of the Constitution by virtue of which Deputy Speaker in absence of the Speaker attained the status of Speaker for this Session, completely overriding the powers provided in Rules, is hereby set aside”. NEWS REPORT
On the other hand, the Pakistan Tehreek-i-Insaf also approached the high court on Thursday requesting it to restrain Mazari from holding chair in the CM election.
The petition, filed by PTI parliamentary leader Muhammad Sibtain Khan and MPAs Zainab Umair and Seemabia Tahir, named the Punjab chief secretary, Mazari and PA secretary as respondents.
It stated that a no-trust motion was pending against the deputy speaker and he therefore could not chair the April 16 session as he had lost trust of the party and the house.
“As per rules of business of the PA, in the absence of speaker and deputy speaker, one person from the panel of chairmen can hold the session of the assembly but the respondent [Mazari] is presiding the session unlawfully,” the petitioners argued.
They also accused Mazari of “joining hands” with opponent candidate Hamza Shahbaz. Consequently, the PTI leaders called on the court to bar Mazari from holding the upcoming CM election and issue orders to select a member from the panel of chairmen to preside over the April 16 session.
