ISLAMABAD: The Supreme Court of Pakistan on Tuesday rejected Punjab Assembly deputy speaker’s decision to reject 10 crucial opposition votes in a July 22 election and instead declared Chaudhry Pervaiz Elahi the chief minister of Punjab province, amid a boycott of proceedings in the case by the ruling coalition.
The verdict, which is expected to have far-reaching results, was announced by a three-member bench of the apex court after hours-long proceedings on Elahi’s petition against Hamza Shehbaz’s re-election on July 22.
Elahi, backed by the opposition Pakistan Tehreek-e-Insaf (PTI) and Pakistan Muslim League-Quaid (PML-Q) parties, had bagged 186 votes, while the Pakistan Muslim League-Nawaz (PML-N) nominee Shehbaz had secured 179 votes in the provincial house of 371.
However, Deputy Speaker Dost Muhammad Mazari rejected 10 PML-Q votes on the basis of a recent Supreme Court verdict that endorsed the idea of disqualifying legislators for voting against party lines. Mazari quoted a letter written to him by PML-Q chief Chaudhry Shujaat Hussain, asking his party lawmakers to support Shehbaz instead of his rival and Hussain’s cousin, Elahi.
In its 11-page verdict, the Supreme Court ruled that the deputy speaker’s ruling “is set aside and declared to be void, without lawful authority and of no legal effect.”
“In consequence of the above … Chaudhry Parvez Elahi is declared as the duly elected Chief Minister, Punjab,” Chief Justice of Pakistan Umar Ata Bandial announced in the high-profile case.
The court directed the Punjab chief secretary to “immediately and forthwith” issue a notification to declare Elahi as the elected chief minister of the province. Likewise, the court declared that the oath of the office administered to Hamza Shehbaz “was and is without lawful authority and of no legal effect.”
The apex court directed Punjab Governor Balighur Rehman to arrange and administer oath of office to Elahi as the elected chief minister in accordance with law and the constitution by 11:30pm on Tuesday.
“In case, the Governor, Punjab is unable or unwilling to administer such oath, the President of Pakistan may forthwith administer oath of office to the petitioner as Chief Minister, Punjab,” the court said.
The verdict came amid a boycott of court proceedings by the ruling coalition after the top court on Monday rejected its request for the formation of a full bench in the case.
In his response, Shehbaz said the constitution has delegated state powers to parliament, administration and judiciary.
“The constitution has mandated all the institutions to work within the specified limits,” he said on Twitter. “No institution can interfere with the authority of another. There will be no compromise on the supremacy of the constitution and parliament.”
“JUDICIAL COUP,” Maryam Nawaz, vice president of the ruling PML-N party, wrote on Twitter.
The coalition government’s decision to boycott the court proceedings was criticized by former prime minister Khan’s PTI opposition party.
The July 22 re-election was held on the directions of the Supreme Court after 25 members of former premier Imran Khan’s PTI party were disqualified for voting for the rival PML-N candidate, Shehbaz, in an April election for the same post.
In a unanimous decision in May, the Election Commission of Pakistan (ECP) had said the PTI dissidents were being de-seated for defecting from the party under Article 63-A. The Supreme Court of Pakistan, in its interpretation of Article 63-A, has said votes cast against the party direction “cannot be counted and must be disregarded.”
According to Article 63-A of the constitution, a parliamentarian can be disqualified on grounds of defection if he or she “votes or abstains from voting in the House contrary to any direction issued by the parliamentary party to which he belongs, in relation to election of the prime minister or chief minister; or a vote of confidence or a vote of no-confidence; or a money bill or a Constitution (amendment) bill.”
