LHC declares Hamza's election as CM Punjab void

[MenInG]

The Election Commission of Pakistan (ECP) on Thursday suspended Punjab Chief Minister Hamza Shehbaz’s Roshan Gharana Programme — which aimed to provide free electricity to poor households — till July 17 when by-elections will be held on 20 Punjab Assembly seats.

Hamza had on Monday announced free electricity for households consuming up to 100 units from July under “Punjab Chief Minister Roshan Gharana Programme”.

The relief programme is supposed to benefit, as claimed by the provincial government, an estimated nine million poor families — about half of the population of the province.

The announcement was made in the wake of a ban imposed by the ECP on initiating any development projects until the by-polls were out of the way.

The Election Commission had subsequently issued a notice to the provincial chief executive, seeking his reply for his alleged violation of the electoral code of conduct.

A three-member bench of the ECP, headed by Chief Election Commissioner (CEC) Sikander Sultan Raja, heard the matter today.

Hamza’s counsel, Khalid Ishaq, submitted his response to the commission today and informed them that the programme did not cover the constituencies where by-elections would be held.

The programme was a part of the provincial budget announced last month, he said.

However, ECP Sindh member, Nisar Durrani, said that when the chief minister made such announcements during an election campaign, it would be considered an attempt to influence the outcome of the polls.

Ishaq responded that if the government wanted to influence election results, it would not have increased petrol prices.

At this, the ECP Sindh member pointed out that the provincial government did not have the authority to raise petrol prices.

Meanwhile, Chief Election Commissioner Raja questioned the need to make a new announcement when the programme had already been included in the provincial budget.

“The programme has been announced for those consuming 50 to 100 units of electricity because of the rise in inflation,” Hamza’s counsel argued.

ECP Director General of Law, Mohammad Arshad, noted that it was the commission’s duty to ensure a level playing field for all parties. “The announcement of the Punjab government’s programme is an attempt to influence the by-elections.”

He called for the programme to be stopped since less than 10 days remained till the by-polls.

However, Ishaq argued that the consumers would benefit from the programme in August.

CEC Raja backed the DG Law’s argument and said it was the Election Commission’s duty to provide a level playing field for all parties.

Subsequently, the ECP suspended the programme till July 17.

The chief election commissioner said that action would be taken for violation of the electoral code of conduct in accordance with the law.

No development programmes should be announced till the by-elections, he directed.

“The Election Commission rejects all propaganda to make by-elections controversial. The Election Commission has more support from law enforcement agencies than ever before.”

The by-elections in 20 constituencies in Punjab would be held in a transparent manner, he vowed.

DAWN

 

[daytrader]

Giving out free electricity till elections is like a modern version of a Qeema naan

 

[Bewal Express]

Giving out free electricity till elections is like a modern version of a Qeema naan

Didnt they say IK betrayed the country by giving subsidies for petrol and electricity? And here they are doing it to win a bye election. And another slap on the wrist. Where is the action against this by ECP because it is a contempt of court, and where is the SC on this?

 

[daytrader]

PTI, PML-Q roll up sleeves to dethrone Hamza
Party leaders instructed to not leave the provincial capital until July 22

LAHORE:
Poised to dethrone Hamza Shehbaz as Punjab’s premier after conquering the ‘citadel’ of the Sharifs, the top leadership of both PTI and the PML-Q have instructed their lawmakers to stay in the provincial capital and not leave it till July 22 – the date for the run-off election for the office as ordered by the Supreme Court.

The parties have also directed their members of the provincial assembly to show up on a fateful day without fail.

During a meeting held in Lahore, Punjab Assembly Speaker Elahi – PTI’s candidate for the coveted slot – underscored that the PTI's win in the crucial by-polls was the success of Imran Khan's narrative.

He lauded Imran for successfully conveying his message to the nation through an effective campaign, adding that the people of Punjab have given their verdict in the PTI's favour by rejecting turncoats who switched loyalties for personal gains.

Sources said that the PML-Q leader also rang up the former prime minister to congratulate him on the landslide victory his party secured in the by-elections in 20 constituencies, grabbing 15 of them.

Furthermore, Elahi announced that the provincial assembly will remain in session till July 22 and the oath of new members will be administered as soon as the Election Commission of Pakistan (ECP) issues notification of their success.

A separate notification for the 40th session of the provincial assembly had also been issued as per the court's direction.

Speaking about the use of police against opponents in Sunday’s by-election, Elahi said that the law will take its course against those who opted for illegal actions.

Meanwhile, PTI leader and former Punjab minister Raja Basharat said now that Imran's narrative has stood vindicated in the Punjab by-elections, Hamza Shehbaz has no moral justification to remain in office.

Speaking to the media, he said the people of Punjab have completely rejected the PTI’s ‘turncoats’. “And even if Hamza does not resign, he will cease to be Punjab chief minister on July 22, 2022; the day of election for the Punjab chief minister,” he maintained.

He further said the results of the provincial by-elections have also put Prime Minister Shehbaz Sharif in an awkward situation as his powers have now been limited to Islamabad only.

Express Tribune

 

[MenInG]

Former chief minister Punjab Hamza Shahbaz on Friday challenged the Supreme Court order which set aside the Punjab Assembly deputy speaker's ruling which discarded ten votes of the Pakistan Muslim League-Quaid (PML-Q), thus leading to Hamza’s victory as the provincial chief executive.

Hamza, through Mansoor Awan, filed a review petition in the apex court against the July 26 order which thwarted former deputy speaker Dost Mohammad Mazari’s decision and declared Pervez Elahi as the new CM of the country's political heartland.

The PML-N leader prayed that a full court be constituted to decide the matters involving the interpretation and application of Article 63A of the Constitution in this regard, as well as other connected matters and that they are heard together by the full court or at least a 12-member bench.

The review petition submitted that without "prejudice, the order, by holding that directions of the Parliamentary Party sans any role of the Party/Party Head is binding", contradicted the apex court’s ruling dated May 17, 2022, on Article 63A given in Presidential Reference No. 1 of 2022 wherein the SC extended the right of a political party under Article 17(2) to Article 63A, and arrived “at the conclusion that a vote contrary to the party policy is to be disregarded and not counted”.

It further maintained that the opinion of the SC in the presidential reference was contrary to the letter of Article 63A and that votes polled contrary to the directions could not be disregarded.

“The Petitioner further submits that the opinion of this Honourable Court in Presidential Reference No. 1 amounts to rewriting the Constitution, which is impermissible. The reference to the opinion in Presidential Reference No. 1, for the purposes of this instant Petition, may kindly be taken and understood in the present context and submissions made herein are specifically in the context of the application of the aforesaid opinion on the ruling of the Deputy Speaker dated 22.07.2022.”

The petition also reiterated that a review petition against the order in the presidential reference was already pending before the SC and whatever had been submitted in relation to the aforesaid order was “without prejudice to the pending review petition”.

The review petition stated that the court in its order had failed to appreciate that when a justice signs a judgment, then to the extent that judgment is not expressly controverted in the separate opinion, that justice remains bound by the judgment he has put a signature to, whereas the order makes the inverse and counter-intuitive inference that because other aspects were covered in the separately rendered decision.

“Therefore the opinion on which the signature is affixed was not of much import”.

“Principles of stare decisis and the past practice of this Honourable Court warranted that a three-member bench, by reading the Article 63A of the Constitution differently, from an already established reading by this Court, rendered repeatedly, ought to have, at the very least, requested the Honourable Chief Justice to constitute Full Court or at the very least a twelve (12) member bench,” the petition pleaded.

According to the petition, the SC Order had stated that “if a judge has unconsciously followed an incorrect view of the law, he has by the conscious application of mind the freedom to adopt the correct view of the law subsequently”, but the “view of the law” was not only followed by a judge, now on a three-member bench, but also by 11 judges, in total.

“Therefore, a switch with a three-member bench, breaking asunder from a previously forged understanding reached with eleven (11) other Honourable Judges, turns the principle of stare decisis upside down.”

https://tribune.com.pk/story/2370737/hamza-challenges-sc-order-removing-him-as-punjab-cm

 

[Bewal Express]

Former chief minister Punjab Hamza Shahbaz on Friday challenged the Supreme Court order which set aside the Punjab Assembly deputy speaker's ruling which discarded ten votes of the Pakistan Muslim League-Quaid (PML-Q), thus leading to Hamza’s victory as the provincial chief executive.

Hamza, through Mansoor Awan, filed a review petition in the apex court against the July 26 order which thwarted former deputy speaker Dost Mohammad Mazari’s decision and declared Pervez Elahi as the new CM of the country's political heartland.

The PML-N leader prayed that a full court be constituted to decide the matters involving the interpretation and application of Article 63A of the Constitution in this regard, as well as other connected matters and that they are heard together by the full court or at least a 12-member bench.

The review petition submitted that without "prejudice, the order, by holding that directions of the Parliamentary Party sans any role of the Party/Party Head is binding", contradicted the apex court’s ruling dated May 17, 2022, on Article 63A given in Presidential Reference No. 1 of 2022 wherein the SC extended the right of a political party under Article 17(2) to Article 63A, and arrived “at the conclusion that a vote contrary to the party policy is to be disregarded and not counted”.

It further maintained that the opinion of the SC in the presidential reference was contrary to the letter of Article 63A and that votes polled contrary to the directions could not be disregarded.

“The Petitioner further submits that the opinion of this Honourable Court in Presidential Reference No. 1 amounts to rewriting the Constitution, which is impermissible. The reference to the opinion in Presidential Reference No. 1, for the purposes of this instant Petition, may kindly be taken and understood in the present context and submissions made herein are specifically in the context of the application of the aforesaid opinion on the ruling of the Deputy Speaker dated 22.07.2022.”

The petition also reiterated that a review petition against the order in the presidential reference was already pending before the SC and whatever had been submitted in relation to the aforesaid order was “without prejudice to the pending review petition”.

The review petition stated that the court in its order had failed to appreciate that when a justice signs a judgment, then to the extent that judgment is not expressly controverted in the separate opinion, that justice remains bound by the judgment he has put a signature to, whereas the order makes the inverse and counter-intuitive inference that because other aspects were covered in the separately rendered decision.

“Therefore the opinion on which the signature is affixed was not of much import”.

“Principles of stare decisis and the past practice of this Honourable Court warranted that a three-member bench, by reading the Article 63A of the Constitution differently, from an already established reading by this Court, rendered repeatedly, ought to have, at the very least, requested the Honourable Chief Justice to constitute Full Court or at the very least a twelve (12) member bench,” the petition pleaded.

According to the petition, the SC Order had stated that “if a judge has unconsciously followed an incorrect view of the law, he has by the conscious application of mind the freedom to adopt the correct view of the law subsequently”, but the “view of the law” was not only followed by a judge, now on a three-member bench, but also by 11 judges, in total.

“Therefore, a switch with a three-member bench, breaking asunder from a previously forged understanding reached with eleven (11) other Honourable Judges, turns the principle of stare decisis upside down.”

https://tribune.com.pk/story/2370737/hamza-challenges-sc-order-removing-him-as-punjab-cm

An illegal CM for 3 months can't accept defeat. The kukris have come home to roost