Second poll for election of CM Punjab in terms of proviso to Article 130(4) of the Constitution shall be held on 22nd July at 4:00 pm: SC
ISLAMABAD, July 02 (SABAH): The Supreme Court of Pakistan on Saturday declared that the second poll for election of the Chief
Minister, Punjab in terms of the proviso to Article 130(4) of the Constitution shall be held on Friday, 22.07.2022 at 4:00 pm in the
Punjab Assembly Building as suggested by Chaudhry Perwaiz Ellahi, the Speaker, Punjab Assembly and consented to by Muahmamd Hamza Shehbaz Sharif as well as Babar Awan, learned ASC representing the Leader of the Opposition in the Punjab Provincial Assembly Muhammad Sabtain Khan. The court said that the session in which such poll takes place will be chaired by the Deputy Speaker of the Assembly. The Speaker/Deputy Speaker shall issue a formal notification convening the session in this regard after fulfilling all legal and procedural formalities within one week from Saturday.
Special Bench of the Supreme Court of Pakistan headed by Chief Justice Umar Ata Bandial and comprising Justice Ijazul Ahsan and Justice Jamal Khan Mandokhail on Friday had heard the petitions field by Mohammad Sibtain Khan and others v. Province of Punjab through its Chief Secretary, Lahore and others. Dr. Babar Awan, Imtiaz Rashid Siddiqui, Amir Saeed, Faisal Fareed Hussain and Muhammad Ali Bokhari appeared on behalf of Muhammad Sabtain Khan, Chaudhry Pervaiz Elahi and others. Muhammad Hamza Shahbaz Sharif and Chaudhry Pervaiz Elahi appeared at Supreme Court Lahore Registry on summons of the special bench.
On Saturday the court has issued the written order of the hearing of Friday. The 10-page written order has been authored by Justice Ijazul Ahsan.
The Supreme Court appreciated the political leadership’s “positive” attitude in resolving the re-polling issue for the election of the chief minister of Punjab.
“…we wish to record our appreciation regarding the positive and constructive attitude adopted and the role played not only by the top leadership of three political parties involved in the dispute but also by the respective learned counsel,” the SC said.
In the detailed order, the apex court said that after all the parties had assured the court that they would ensure the constitution is upheld, it decided to amend the LHC order — extending the date for the election to July 22.
The order noted that till the time of the re-election, Hamza Shehbaz, in line with the constitution, has “undertaken before the court that he and his cabinet shall exercise the powers and function their offices strictly in fiduciary capacity” to support the process of by-election — slated for July 17.
“…such commitment to act as trustees is meant to fulfil the duty of care towards citizens of Punjab so that they are not deprived of due representation and governance, and to avoid any constitutional vacuum, anomaly or complication,” it stated.
The order said that the process of the by-elections shall be completed as per the schedule already announced by the Election Commission of Pakistan (ECP).
The court said that the ECP as well as all relevant state functionaries shall ensure that all parties follow the election laws as well as the code of conduct issued by the ECP in their letter and spirit.
It asked them to refrain from any interference, inducement, or influence in the affairs of the executive, the local administration, the ECP, etc., or indulge in corrupt and illegal practices.
The court issued directives that state machinery should not be used in the process of by-elections to harass and intimidate opponents.
“No transfers or postings of officials of the local administration, police, provincial election commission, etc shall be undertaken in order to ensure fairness and transparency of the election except in accordance with specific provisions of the Election Act, 2017 and the Code of Conduct to meet emergency situations,” it said.
The order said that Elahi has given categoric assurance that all matters relating to the business of the assembly shall be handled and dealt with peacefully, impartially and transparently within the assembly chambers and its relevant offices in accordance with the Constitution, the law and the rules.
In addition, all parties, including Hamza, have categorically assured and stated that a peaceful and congenial atmosphere will be maintained not only during the poll but also in the proceedings in the provincial assembly.
“We expect that such undertakings and assurances shall be honoured and implemented,” it said.
“It is unreservedly and categorically agreed and undertaken by all parties before us that it is the constitutional, legal and moral responsibility of all political parties and their members/candidates involved in by-elections and the subsequent voting in the provincial assembly to abide by the ECP Code of Conduct and the Rules of Procedure of the Provincial Assembly and the norms/conventions of the parliamentary conduct.”
“Before parting with this order, we wish to record our appreciation regarding the positive and constructive attitude adopted and the role played not only by the top leadership of three political parties involved in the dispute but also by the respective learned counsel” the court order said.
“This petition is accordingly disposed of and the impugned order of the Lahore High Court, Lahore dated 30.06.2022 is modified and amended in the aforenoted terms” the court said.