Supreme Court to resume hearing on Elahi’s plea on re-election of controversial Punjab chief minister

The Supreme Court will resume hearing on Monday a plea by PML-Q leader Chaudhry Pervez Elahi challenging the plea of ​​Punjab Assembly Deputy Speaker Dost Mohammad Mazari. decision In the chief minister’s re-election last week, which led to Hamza Shahbaz’s victory.

A three-member bench of Chief Justice of Pakistan (CJP) Umar Ata Bandiyal, Justice Ijazul Ahsan and Justice Muneeb Akhtar allowed Hamza – who was re-elected on 22 July – will remain the “trustee” chief minister until Monday (today) at the final hearing.

The bench will hear again today at 1 pm.

An Islamabad police official said in a statement that only leaders of the responding parties would be allowed to enter the court premises with the permission of the SC administration.

He said that the list of leaders has been made available by the political parties in this regard. “No rally, procession or gathering will be allowed in the Red Zone including the Supreme Court.”

In the last hearing on Saturday, the court had summoned the deputy speaker but his lawyer had come in his place. The SC had also issued notices to Hamza, Pakistan’s Attorney General Ashtar Ausaf, Punjab’s Advocate General Shahzad Shaukat and the province’s chief secretary.

It ruled that Hamza must act in accordance with the Constitution and the law during the time period. “As chief minister, Hamza Shahbaz will not use his powers for political gains,” it emphasized.

Separately, at one point during the hearing, Justice Bandiyal remarked that prima facie, the decision of the deputy speaker was against the decision of the apex court. Decision With reference to Article 63-A.

Reading: Highlights of Supreme Court’s order on Elahi’s petition on Punjab Chief Minister’s election

Hamza’s statement

election of chief minister, was held on April 16, with PTI issuing similar instructions to its MPs. 25 MLAs, who did not vote as per the instructions of the party, disqualified It added that the decision on the Election Commission of Pakistan (ECP) and their appeals is pending.

“This Hon’ble Court has held that the party chief enjoys a central and decisive role within the party, in the electoral process and in Parliament through the parliamentary party, which he directly controls and supervises … he has direct power. , influence and control how the party will act and function inside and outside Parliament.

The PTI’s directions before the election of the first chief minister, which were upheld by the ECP and the Supreme Court’s decision, formed the basis for the deputy speaker’s decision, the statement said.

The Supreme Court had yet to determine the validity of the ECP’s decision, which “justifies” the deputy speaker’s decision, combined with Article 63-A (relating to the disqualification of MPs on defection).

The statement further said that if the apex court quashes the ECP’s decision to disqualify 25 MPAs, the effect of defection announcement given by PTI’s party chief dated 18.04.

“As a result, 25 votes will not be excluded from the votes cast [Hamza] In the first polling held on 16.04.2022. the resulting, [Hamza]The one who got 197 votes (more than the 186 required in the first election i.e. the majority of the total membership of the Provincial Legislative Assembly of Punjab), shall be the duly elected Chief Minister of Punjab and the resultant second election shall be superseded on 22.07.2022. ,

The statement urged the court to constitute a full bench to hear Elahi’s plea simultaneously, seeking review of the SC’s interpretation of Article 63-A and appeals against the ECP’s decisions.

It also urged the court to dismiss Elahi’s plea.

PML-Q, PPP and JUI-F file petitions