ISLAMABAD, July 1(ABC): In another bid to presence Hamza Shahbaz from the post of Punjab chief minister, PTI has approached the Supreme Court of Pakistan to challenge the orders of the Lahore High Court (LHC) to hold a vote recount on the CM poll held on April 16.
In a 4-1 split decision, the LHC wrapped up PTI’s case against Hamza’s election to the CM’s slot, while ordering to recount the votes cast during the Punjab chief executive’s election but with the exclusion of 25 PTI dissidents’ votes, in line with the apex court’s interpretation of Article 63(A).
The plea seeks an immediate hearing on the plea, requesting to remove Hamza Shahbaz from Punjab CM’s post and suspend the process of recounting till a decision on this plea.
PTI has maintained in its plea that LHC’s order should be amended and sufficient time be granted to notify all the lawmakers to ensure their presence in the Punjab Assembly session, so that a free and fair election of the Punjab CM can be held.
Referring to the objection raised by LHC’s Justice Sajid Mehmood Sethi, PTI sought to quash the notification issued for appointment of Hamza Shahbaz as the CM as he’ll no longer have the majority of votes within the contemplation of Article 130(4) of the Constitution when the PTI dissidents’ votes are excluded.
In his dissenting note in the verdict, Justice Sethi had said that the votes of the 25 PTI dissidents cast in favour of Hamza were “admitted”, therefore, there was no need to repeat the exercise of counting/recounting.
The judge noted that in the 371-strong Punjab Assembly, the requisite number needed to become chief minister was 186 votes. He went on to say that from the record, Hamza obtained 197 votes. Justice Sethi also said that after excluding the 25 votes, Hamza had 172 votes. “Therefore, he is not member elected within the contemplation of Article 130(4) of the Constitution and being a stranger to the office of chief minister, cannot be allowed to hold the office,” he said.
“[…] the Chief Minister Punjab may kindly be removed pending this election process due to absence of a valid notification of his appointment and that the Court may graciously grant such time and issue such direction where free and fair election to the post of Chief Minister Punjab takes place with the participation of duly constituted Assembly in accordance with the norms of the Constitution of the Islamic Republic of Pakistan, 1973,” the plea stated.
Sibtain Khan, Leader of Opposition in Punjab Assembly, Zainab Umair, Mian Muhammad Aslam Iqbal, Syed Abbas Ali Shah and Ahsan Saleem Bharyar have filed the petition.
CM Hamza Shahbaz, Punjab government, Deputy Speaker Punjab Assembly Dost Mohammad Mazari, Governor Punjab’s secretary and PA secretary were named as respondents in the case.
Accepting the plea for immediate hearing, the SC formed a three-member bench to hear the plea at 1:30pm.