LAHORE: The Lahore High Court (LHC) on Monday asked the counsels of the Pakistan Muslim League-Nawaz (PML-N) and Pakistan Muslim League-Quaid (PML-Q) – and Deputy Speaker Dost Muhammad Mazari to mutually finalise a date for immediate election of Punjab chief minister.
“All of them should sit in the office of the Punjab advocate-general and solve the matter amicably,” Justice Muhammad Amir Bhatti said. The LHC heard Hamza’s petition which had sought its help in holding elections for Punjab’s new chief minister in a “fair and transparent” manner.
As the hearing started, the high court asked about the process for the election. Punjab Assembly Secretary Ahmad Bhatti said the date for the CM election will be announced after the submission of nomination papers by the candidates and their scrutiny by the secretariat.
In his arguments, PML-N’s counsel Azam Nazeer Tarar said that the post of Punjab CM had been empty since the resignation of Usman Buzdar. “Right now, the province doesn’t have an executive,” he said. Consequently, the judge directed the PA secretary to brief the court about the election record.
He replied that after Buzdar’s resignation on April 1, the process of election started the next day. On April 3, the secretary continued, a session — led by Mazari — was called, but it was adjourned till April 6 after a fight broke out between the women MPAs inside the assembly hall.
“Do you have a video of the fight,” the LHC CJ asked. The secretary replied in the affirmative and continued that on April 4 he had sent a report on the damages inside the PA to the speaker who then further adjourned the session.
PA Secretary Bhatti said the powers of Deputy Speaker Mazari – who had moved the LHC against the withdrawal of his powers – were revoked after a notification was made public through media that had said the session would be held on April 6.
The judge asked again whether it was legally possible to postpone the election for the chief minister. “Apparently, it isn’t allowed,” he observed and then wondered if nomination papers could be submitted a day before the poll.
“The main question is that under what law was the date of election changed,” he said, adding: “How can someone violate the election schedule and give a date of their own?”
For his part, Zafar said that the court could not intervene in the matters of the assembly. “The issue was brought up in the Supreme Court but no order was passed,” he added.
Consequently, Punjab Advocate-General Ahmed Owais took the rostrum and said, “I had said in the SC that no one could exceed the powers in the law.” However, the PML-N counsel contended that the apex court had said that it was a provincial matter and should be taken to the high court.
‘Voting should be held immediately’
After the arguments, Justice Bhatti observed that election rules were formed for a reason. “You can’t follow or break the rules whenever you want to,” he said, adding that even the SC had ruled that the no-confidence movement couldn’t be extended.
“It had emphasised that voting should be held,” the LHC CJ recalled and reiterated that the assembly had no other option than to follow the rules. He also asked why the election had to be delayed till April 16.
“There’s no reason to extend this. Hold the voting in a day or two. Hold it as soon as possible.” The judge, consequently, adjourned the hearing till 2pm and instructed all the respondents to chalk out a plan on the election together and present it in the court.
