SCP calls ruling of deputy speaker unlawful, declares Pervez Elahi CM Punjab

Bench fixes deadline for Elahi's oath-taking . Governor Baligh declines to administer oath to new CM.File image

ISLAMABAD: July 26, 2022: After long and tense wait of three hours, 3-member bench announced decision in deputy speaker’s ruling case at around 10 PM.

The court in its verdict called ruling of deputy speaker Punjab assembly unlawful and noted that the vote of Pakistan Muslim League Quaid e Azam (PMLQ) will be counted .

It added that with counting of 10 votes of PMLQ , Chaudhary Pervez Elahi stands successful as chief minister of Punjab. The court verdict had set a deadline of 11 PM on Tuesday night for governor Punjab , Baligh Ur Rehman to administer oath of the new chief minister .

The court order directed Hamza Shahbqz and his cabinet to vacate offices forthwith.

Updated at 4 PM
A 3-member Supreme Court bench headed by chief justice , Umar Atta Bandial,
had reserved judgement in Punjab assembly ruling case here on Tuesday.

The bench will announce the judgement at 5.45 PM today.

Earlier , the bench had resumed hearing in the case at around 11.45 PM.

Ali Zafar , counsel for Chaudhary Pervez Elahi , attorney general Punjab, Ahmad Awais , additional attorney general Pakistan argued before the court .

At the outset of the Tuesday’s hearing, Irfan Qadir, counsel for deputy speaker, Dost Mohammad Mizari, informed to the bench that his client has boycotted the proceedings of the court for rejecting his demand of forming a full court to hear the case and on his direction he was not a part to Tuesday’s proceedings.

Following Irfan Qadir, Farooq H Niak who was representing Pakistan People Party (PPP) in the case also conveyed to the bench hearing the most important case as if the party head or parliamentary party could give direction to its members to vote for any election in the house.

This question has become a central point of the case in question since deputy speaker Punjab assembly , Most Mohmamad Mizari, rejected 10 votes of the Pakistan Muslim League Quaid e Azam (PMLQ) on written instruction of the party chief, Chaudhary Shujaat Hussain after elections of the chief minister held in Punjab assembly on July 22, 2022.

Hamza Shahbaz was declared winner of the chief minister election. However, PMLQ parliamentary party leader , Chaudhary Pervez Elahi had challenged the ruling of the deputy speaker Dost Mohmamad Mizari in the Supreme Court of Pakistan (SCP).

A 3-member bench of SCP is hearing the case since last Friday. On Monday, the ruling Pakistan Democratic Movement (PDM) parties had demanded of the top court to constitute a full court to hear the case. Its leaders had held a press conference in the evening at around 17.15 on Monday and warned to boycott the proceedings of the case if its demand of forming a full court was not met.

The lawyers representative bodies including Supreme Court Bar Association (SCBA) had seconded the demand of the ruling alliance and suggested to the court to form a full bench to hear the case. However , the court after hearing arguments of the counsels turned down the demand of making a full court.

In the late night development, PDM’s top leadership had held a press conference at the Prime Minister House and boycotted further proceedings of the court. It reiterated its earlier stance and reminded to the court that a full court could only be a viable option to hear the case and decide it matter.
The chief justice listened to Irfan Qadir and Farooq H Niak’s grievances but observed again that the case of deputy speaker Punjab’s ruling was not a very complex one and that the same 3-member bench is enough to hear the case.
The hearing of the case is continuing by SCP and hopefully the bench is likely to decide the case today (Tuesday).

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