LHC written order in Punjab CM election - PTI jubilation turned into disappointment
LHC in written order directed to recount the votes after excluding the 25 votes of PTI defectors on July 01 at 4 pm
PTI leaders
were jubilant when LHC announced its short order to accept PTI petitions
against the election of Shahbaz Sharif as CM Punjab. PTI was expecting that the
election of Hamza Shahbaz as CM Punjab will be declared null and void and fresh
election of CM Punjab will be ordered. But this jubilation was short lived and
written order turned celebration into disappointment.
They were thinking that they got what they
wanted. They prematurely celebrated their victory. They hailed the decision as
the victory for PTI, constitution and democracy. But mood of PTI leaders
changed when LHC released its written order.
A larger
bench of the LHC headed by Justice Sadaqat Ali Khan and comprising Justice Shahid Jamil, Justice
Shehram Sarwar, Justice Sajid Mehmood Sethi and Justice Tariq Saleem Sheikh
issued the 4-1 verdict today. Justice Sajid Mehmood Sethi dissented with his
fellow judges.
In a short
order issued after the hearing, the LHC instructed that votes in the election
held on April 16 be recounted after excluding 25 votes of the defecting
lawmakers. If the required majority for Hamza which is 186 votes in the
371-member strong house to stay the CM is not secured, the election will be
held again under Article 130(4), unless another candidate has majority votes.
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The court
said that Hamza will cease to be the chief minister if he loses the required
majority after the exclusion of 25 votes by the presiding officer. However, it
pointed out, functions performed and powers exercised by Hamza will be
"protected under the de facto doctrine" in accordance with the law.
For the
recounting of votes and re-election, if required, a PA session will be held on
July 1 (tomorrow) at 4pm. The LHC stressed that the session cannot be prorogued
until the election process was completed and the presiding officer
"intimated the result of the elected chief minister to the governor".
The governor
shall perform his duty, under Article 130(5), of administering oath without any
hesitation, at any time before 11am the very next day, it directed.
The court
added that "any attempt of disorder from any quarter shall be taken as
contempt of court and shall be preceded accordingly by this larger bench on
formal information by any person".
Hamza
was elected as the Punjab CM on April 16 during a provincial assembly
session that was marred by violence. He received a total of 197 votes — 11 more
than the required 186 — including from 25 dissident PTI MPAs that were crucial
for his victory. On May 20, those lawmakers were de-seated by the ECP for
defecting.
After the
LHC's order of excluding the votes of 25 defecting members, Hamza's tally has
now been trimmed to 172 votes, which no longer holds the strength of the house.
Therefore, as per the court's order, a re-election is bound to be held.
The PTI and
PML-Q had challenged the election of Hamza Shahbaz which took place on April 16
in a chaotic session. Now, the same candidates, Hamza Shahbaz and Pervez Elahi,
will run for the position again.
The PTI has
announced to challenge the LHC decision in the Supreme Court tomorrow.
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