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LHC reserves judgment on Punjab Chief Minister’s election case

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Amraiz Khan

Chief Justice Lahore High Court on Tuesday reserved judgment on the petition regarding the election of the Chief Minister of Punjab.

The Lahore High Court heard a petition regarding the election of the Punjab Chief Minister. Secretary Punjab Assembly Muhammad Khan Bhatti was present in the Lahore High Court.

Barrister Ali Zafar, counsel for the Speaker of Punjab Assembly Pervez Elahi, while giving arguments, said that the matter belongs to the Parliament and the judiciary has no authority to interfere in the parliamentary affairs. He said, “My request is that there are Punjab Assembly rules and what is in the rules is in the purview of how to run the house, the Supreme Court has ruled that the proceedings of the Speaker is a matter of Parliament”.

The Supreme Court said it could not intervene under Article 69. Pervez Elahi’s lawyer said that several petitions were received in the Supreme Court and High Courts but they were not heard. The case of the current Speaker of the Senate Sadiq Sanjarani has gone to the Islamabad High Court. He said that the courts do not have the power to intervene in these matters when the assembly session is to be convened or adjourned.

Barrister Ali Zafar said that this is not a law but a procedural issue. Changing the date a day or two in advance can be controversial. He said that according to the election schedule, nomination papers have to be submitted before 5 o’clock and nowhere was it said that nomination papers were to be submitted on election day or nowhere it was written that the day on which nomination papers are submitted the next day elections will be held.

Chief Justice Lahore High Court said that if it had happened then at least it would have been written but it was not written anywhere. Lawyer Secretary Punjab Assembly said that the session could be adjourned but could not end. Chief Justice Lahore High Court Amir Bhatti said that the replacement of the Speaker is the Deputy Speaker and the replacement of the Deputy Speaker is the Panel of Chairman. The replacement of the Deputy Speaker is in case he is absent. Lawyer Secretary Punjab Assembly said that it was not written anywhere that it is necessary to be absent.

 

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