LAHORE: The Lahore High Court (LHC) on Thursday ordered recounting of votes for election of chief minister Punjab after excluding 25 votes of defecting Pakistan Tehreek-e-Insaf (PTI) members.
A five-member bench comprising Justice Sadaqat Ali Khan, Justice Shahid Jamil Khan, Justice Shehram Sarwar Chaudhry, Justice Sajid Mahmood Sethi and Justice Tariq Saleem Sheikh announced the verdict with a 4-1 majority on petitions and intra-court appeals, filed by Speaker Punjab Assembly Chaudhry Pervaiz Elahi, PTI MPAs and Pakistan Muslim League-Quaid (PML-Q) against the election of Hamza Shehbaz, the steps taken by him as the chief minister and his oath-taking.
The bench passed the orders while partially allowing the petitions regarding Hamza Shehbaz’s election. However, the bench disposed of the appeals challenging the oath-taking of Hamza Shehbaz after terming it an ancillary matter. Justice Sajid Mehmood Sethi dissented with some points of the majority verdict.
In its short order, the majority ruling said that under Article 130 (4), if any candidate fails to secure the required majority (186 votes), then the presiding officer (deputy speaker) should proceed for the second and further polls for completing the process of the election unless a candidate is elected by a majority vote.
The bench further held that Hamza Shehbaz would cease to be chief minister if he loses the required majority after exclusion of 25 votes, and the communication of his being elected candidate and notification would be considered quashed in that scenario. However, functions and powers exercised by Hamza Shehbaz and his cabinet would be protected under de facto doctrine, it added.
The bench observed that the session, called for the purpose, should resume on July 1 at 4:00pm without fail and all functionaries should act jointly to implement the court orders, adding that the session should not be prorogued till the election process was completed and presiding officer intimated the result of elected chief minister to the provincial governor under Rule 21.
The bench held that under Article 130 (5), the governor would perform his duty of administering an oath without hesitation at the very next day on or before 11:00am.
The bench held that any attempt of disorder from any quarter would be taken as a contempt of the court and would be proceeded on formal information by any person. The print and electronic media had reported the court proceedings professionally and carefully; however, some Vloggers attempted to scandalise the proceedings recently.
“We, therefore, direct the FIA and PEMRA [Pakistan Electronic Media Regulatory Authority], having jurisdiction in the matter, to take legal action on their own, or if so informed by any person. This larger bench shall initiate contempt proceedings for scandalising the proceedings, if so brought formally before it by any person,” it added.
Newspakistan.tv | YouTube Channel
