LAHORE: Lahore High Court (LHC) on Tuesday served notices on Hamza Shehbaz after the Pakistan Tehreek-i-Insaf (PTI) requested it to declare illegal his chief ministership and prevent him from acting in that capacity.
The court also summoned Attorney-General Ashtar Ausaf Ali and Punjab Advocate General Shahzad Shaukat.
Shehbaz was elected as the province’s new chief executive on April 16 after a chaotic session of the Punjab Assembly where legislators of the PTI and Pakistan Muslim League-Quaid (PML-Q) scuffled with one another.
He polled 197 votes — including from 24 PTI parliamentarians, two independents and the lone Rah-i-Haq Party lawmaker — while his opponent, Speaker Chaudhry Pervaiz Elahi, a joint candidate of the PTI and Q League, failed to secure a single vote from the assembly since the two parties boycotted the voting process.
However, on May 23, the Election Commission of Pakistan (ECP) removed the membership of 25 PTI lawmakers — including five elected on seats reserved for women and minorities — who had defected and voted for Pakistan Muslim League-Nawaz (PML-N) vice president in the election for the office of Punjab chief minister on April 16.
Acting on a petition jointly moved by Zainab Umair, Shamsa Ali and Umul Banin Ali, PTI lawmakers in Punjab Assembly, Justice Shujaat Ali Khan heard the initial case in his chamber.
Their counsel Azhar Siddique said that after the Supreme Court’s interpretation of Article 63-A of the Constitution, which deals with defection by parliamentarians, the position of defecting PTI lawmakers in Punjab had become clear.
“Hence, after subtracting the votes of the defecting lawmakers, Hamza no longer holds the majority to remain as the chief minister of the province,” he noted.
Responding to Siddique, Assistant Advocate General Tayyab Jan, representing the Punjab government, objected to the petition and demanded that it should be dismissed instantly.
He pointed out that the petitioners also had the option to launch a no-confidence vote in Shehbaz in the Punjab Assembly.
The court adjourned the case until June 20.
DE-SEATING OF DEFECTORS
The de-notification of the MPs came shortly after PTI approached the top electoral body to issue a notification of the latter’s decision to de-seat dissident legislators on charges of crossing the floor under Article 63-A of the Constitution.
Article 63-A provides that MPs who defect could lose their seats if they then vote against their party, but the government aims to find out whether that also applies before they cast their votes.
It reads that an MP can be disqualified on grounds of defection if they “vote or abstains from voting in the House contrary to any direction issued by the parliamentary party to which he belongs, in relation to the election of the prime minister or chief minister; or a vote of confidence or a vote of no-confidence; or a money bill (budget) or a Constitution (amendment) bill”.
With these 25 lawmakers no longer members of the assembly, Shehbaz, who won for the chief minister with the help of the dissident legislators, has lost his majority in the Punjab Assembly, raising questions about the status of his government.
Shehbaz got 197 votes in the chief minister’s election but is now left with the support of 172 members in the house. A candidate requires the support of at least 186 lawmakers in the 371-member House to be elected as the chief minister.
