SC rules in favour of Pervez Elahi as Punjab CM, removes Hamza Shehbaz

Islamabad: The Supreme Court of Pakistan on Tuesday ruled in favour of Chaudhry Pervez Elahi as Punjab chief minister and removed Hamza Shehbaz.

A three-member bench of the Supreme Court on Tuesday declared Deputy Speaker Dost Muhammad Mazari's ruling in the Punjab Chief Minister election "illegal" and ruled that Pervez Elahi will be the new CM of the province.

"Deputy speaker's ruling is illegal. There is no legal justification for the Deputy Speaker's ruling," said the Supreme Court.

Hamza Shehbaz and his cabinet members had been ordered to relinquish their charge immediately.

The top court also directed that Pervez Elahi would take oath of the Punjab chief minister at 11:30pm today.   

The three-member bench comprising Chief Justice of Pakistan Umar Ata Bandial, Justice Ijazul Ahsan, and Justice Muneeb Akhtar also ordered Punjab Governor Baligh ur Rehman to administer the oath to Elahi at 11:30pm, adding that if he refused to perform his duties, President Arif Alvi will administer the oath. 

"We find that the understanding and implementation of the said short judgment as well as the provisions of Article 63A(1)(b) of the Constitution by the Deputy Speaker, Provincial Assembly of Punjab, Lahore (Respondent No.1) was patently incorrect and erroneous and cannot be sustained," said the order issued by the SC bench. It added that the act also "subverted" the governance of Punjab. 

"As a result, the Ruling dated 22.07.2022 issued by Respondent No.1, Deputy Speaker, Punjab Assembly is set aside and declared to be void, without lawful authority and of no legal effect," said the Supreme Court in a 11-page short order.

The order then declared Pervez Elahi as the duly elected chief minister of Punjab as it ruled that he had obtained 186 votes compared to Hamza's 179. 

The order also declared that the oath of office administered to Hamza was "without lawful authority and of no legal effect".

"Likewise all acts, deeds and things attendant and consequent upon such oath including but not limited to the notification of Respondent No.2 (Hamza Shahbaz) and the formation and swearing in of the Cabinet on his advice is also declared to be without lawful authority and of no legal effect," said the order. 

-- SC reserves judgement earlier--

Earlier, a three-member bench reserved its verdict on Tuesday (today) on Pakistan Muslim League Q (PML-Q) leader Pervaiz Elahi’s petition against Punjab Assembly Deputy Speaker Dost Mazar’s ruling on Chief Minister Punjab re-elections. 

As per details, Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial said that the verdict will be announced at 5:45pm.

The counsel for Punjab Assembly Deputy Speaker Dost Mohammad Mazari— Irfan Qadir— and the counsel of Pakistan Peoples Party (PPP)—Farooq H Naek— Tuesday boycotted proceedings, informing the apex court that their clients has instructed them ‘not to participate further’.

According to details, the top court of Pakistan resumed hearing the case regarding the controversial ruling of Deputy Speaker Mazari in the Punjab chief minister’s re-election. 

The proceedings commenced shortly after 11:30 am with a three-member bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial presiding over the hearing.

At the outset of the hearing, Irfan Qadir—Deputy Speaker’s counsil— informed the bench that his client had reservation on its yesterday’s verdict of turning down a plea for forming full court bench, therefore, “We are boycotting the court proceedings in the case,” adding that  “I will not be a part of further hearings”. 

The prosecutor also announced to file a review petition against the SC verdict. 

Both counsels, however, stayed in the courtroom and observed the case proceedings.

The top judge, then, directed Parvez Elahi’s lawyer Barrister Ali Zafar to present his arguments in the case, adding: "Those who are boycotting court proceedings should show some courtesy".

"Thankfully, they have enough grace to sit in court to hear the proceedings," added CJP Bandial.

Subsequently, Pakistan Tehreek-e-Insaf's (PTI) counsel Imtiaz Siddiqui began his arguments.

The Chief Justice reiterated that a full bench could not be formed till the second week of September. 

"Because of this case, the province is suffering from crisis," he stressed, cautioning that: "Further delay will not be tolerated".

The court then adjourned proceedings till 2:30 pm.

Dost Mazari, in his ruling, had rejected 10 votes of the Pakistan Muslim League-Quaid's (PML-Q) members with reference to the Supreme Court's verdict, stating that votes of those lawmakers, who have defied the party leadership's instructions, would not be counted.