The Lahore High Court (LHC) on Thursday declared the election of PML-N leader Hamza Shahbaz as chief minister of Punjab void after it accepted Pakistan Tehreek-e-Insaf's petitions in the matter.
The PTI, in their writ petitions, had stated that Hamza's election in the Punjab Assembly was "illegal" and did not follow due processes and that his notification as the chief of Punjab must also be set aside as it was not in line with the law. A third petition pleaded that Hamza's oath-taking be declared illegal.
The five-member larger bench gave a 4:1 decision on the matter.
"The decision by August Supreme Court of not counting votes of defecting members of a political party is squarely applicable to the election of Chief Minister held on 14th April 2022," said the judgement.
According to the written judgement from the LHC, it was an "undeniable fact" that 25 PTI MPAs had voted in favour of Hamza Shahbaz, despite the party nominating PML-Q leader Pervez Elahi as its candidate. The dissident lawmakers' move went against Article 63 A(1)(b) of the Constitution.
"The emphasised part of the order, ibid, discloses the intent behind the decision that possibility of defection from the Party line, policy or direction isto be curbed, at the time of poll by the Presiding Officer, regardless of declaration or action by Party Head. It is understood that presence in the House, enlistment on voter list and casting of vote is not prohibited, however the vote so cast, is held not countable."
The court further directed to " recount the votes" and to exclude "25 votes of the defecting members" and said the provincial governor must call a session "on 1 st July 2022 (Friday) at 4:00 pm without fail".
"As a consequence, if required majority, under Article 130(4), is not secured by any candidate, he shall proceed for second and further polls under its provisos for completing the process of election as required under Article 130(4), unless a candidate is elected by majority votes."
Sethi Muhammad Sajid Mehmood Sethi declared that all acts and actions taken by Hamza Shahbaz as chief minister would "not be adversely affected" by the high court's order.
Minister for Information and Broadcasting Marriyum Aurangzeb said on Thursday that Punjab Chief Minister Hamza Shehbaz will continue as chief executive of the province after establishing a majority in the recounting of votes in the Punjab Assembly, Aaj News reported.
Addressing a press conference in Islamabad, the minister said that under Article 130 section 4 of the constitution, Hamza Shehbaz is the chief minister of Punjab in continuation of the previous election.
"All decisions to be taken by Hamza Shehbaz Sharif as the chief minister of the province will be protected by the law," she noted.
Her statement comes after the Lahore High Court (LHC) today ordered the recounting of votes of the election of the Punjab chief minister held on April 16.
The court also directed for exclusion of votes of 25 dissident lawmakers during re-counting.
Responding to PTI chairman Imran Khan's announcement to challenge Lahore High Court's decision about Punjab Chief Minister Hamza Shehbaz Sharif's election in the Supreme Court, Marriyum Aurangzeb said that the PTI chief has the "habit of denying facts."
She said that Imran Khan, through his lies, wants to spread uncertainty, chaos, and instability in the country.
The information minister blamed Imran Khan for using state institutions, including National Accountability Bureau, Federal Investigation Agency, and Anti-Narcotics Force, to arm-twist political opponents during his government.
"Now that institutions are no more backing his vindictive politics, he has turned against them," she added..
