LAHORE, May 30: Punjab Chief Minister Hamza Shehbaz submitted his response in the Lahore High Court (LHC) on Monday on petitions challenging his election as the province’s chief executive, maintaining that the Supreme Court’s interpretation of Article 63-A of the Constitution – which pertains to disqualification on grounds of defection – did not apply to his election retrospectively and as such it was valid.
He further prayed the court to dismiss petitioner Munir Ahmed’s plea challenging his election “with costs”.
Ahmed’s is one of the pleas clubbed by the LHC with others challenging Hamza’s election, including that of the PTI.
Hamza was elected as the Punjab chief minister on April 16, during a provincial assembly session that was marred by mayhem. He received a total of 197 votes – 11 more than the required 186 – including from 25 dissident PTI MPAs that were crucial for his victory.
Questions have been raised on the validity of his election since the SC said in a May 17 verdict that the votes of defecting lawmakers were not to be counted during a chief minister’s election and the Election Commission of Pakistan subsequently de-seated 25 of the PTI’s MPAs from the Punjab Assembly under Article 63-A.
The PTI had challenged Hamza’s election in the LHC on May 19, following which the court had sought the embattled chief minister’s reply on the matter.
Hamza’s 16-page reply, submitted by his lawyer Khalid Ishaq, was presented to the court after the LHC fined him and the Punjab government Rs100,000 each at the previous hearing on May 25 over their failure to submit their replies.
In his reply, a copy of which is available with Dawn.com, Hamza explained that while his election for the post of chief minister was held on April 16, the SC’s interpretation of Article 63-A was issued on May 17. Hence, the election could not be governed by the SC order, he said, adding that “it is settled law that any interpretation/annunciation of law by the superior courts is not to apply retrospectively, unless expressly stated otherwise”.
Additionally, he pointed out, the SC order was in connection with a no-confidence motion in the National Assembly and as such, “it cannot be said to have affected the said election”.
He added that the election was “conducted strictly in accordance with the Constitution in compliance of the orders passed by the Hon’ble Court” and thus “cannot be said to have been a result of any mala fide”.
Hamza recalled that he had filed a petition in the LHC to ensure “that the constitutional requirement of holding election of the chief minister” be implemented after the resignation of the former CM.
He added that the court “was pleased to accept the Answering Respondent’s prayer and directed that the election be conducted on 16-04-2022 by the Deputy Speaker”.
Hamza maintained that the petition against his election was not maintainable under Article 199 of the Constitution, which, the Punjab CM said, barred the petitioner from invoking the constitutional jurisdiction of the LHC as they were not an “aggrieved party” in the case.
He also argued that petition was also not maintainable in light of an ouster provided under Article 69, read with Article 127, of the Constitution. – TLTP
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