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Monday May 06, 2024

What law mandated governor to check CM poll’s validity, asks LHC

The LHC CJ said the prime minister’s advice was not required in the matter, as the election was held on the court order, wondering what constitutional mandate was being followed

By News Desk
April 27, 2022
Omer Sarfraz Cheema (Left) and Hamza Shahbaz. Photo: The News/File
Omer Sarfraz Cheema (Left) and Hamza Shahbaz. Photo: The News/File 

LAHORE: Lahore High Court Chief Justice Ameer Bhatti on Tuesday remarked what law had mandated the Punjab governor to examine the validity of chief minister’s election.

Reserving the verdict on a petition filed by chief minister-elect Hamza Shehbaz, the chief justice said the prime minister’s advice was not required in the matter, as the election was held on the court order, wondering what constitutional mandate was being followed.

Punjab Advocate-General Ahmad Owais submitted that the Punjab governor had sent a six-page letter to the president and expressed serious concern over the election of chief minister, besides seeking his advice. He further submitted the president had sent the recommendations of the governor to the prime minister.

The AGP also raised objections to the maintainability of the petition, saying that the president had not been heard.

However, the chief justice expressed annoyance and questioned what law had given the mandate to the governor to examine validity of chief minister’s election. To which, the AGP submitted that issue of election needed to be dealt with restraint, as the election was held amid ruckus. But, the chief justice noted that the court had shown enough restraint, questioning what action had been taken on the court orders.

The AGP submitted that the court order was received by the president three days ago, now he would look into the matter. The chief justice observed that there was no chief executive for the past so many days in the province while expressing dismay over inaction by the president on the high court order. He said the president instead of implementing the court order was giving explanations. He said the court had enlightened the president that he was the head of the state but he might be naïve. He said the court had also made him understand the matter through its order but to no avail.

At this stage, a federal law officer informed the court that the prime minister had sent the advice to the president, asking for the court’s order to be complied with in letter and spirit. Advocate Ashtar Ausaf on behalf of Hamza Shehbaz argued that the court orders were not being implemented. He pleaded with the court to issue directions for implementation of its orders. Subsequently, the court reserved the verdict on the petition.

The verdict is expected to be announced on Wednesday (today).Hamza Shehbaz through the petition submitted that the LHC had expressed the hope that the president would appoint another person to administer the oath of the chief minister’s office to him while forwarding its orders to the office of the president for the purpose. However, the court orders had not been implemented, he submitted while pleading with the court to issue directions for implementation of its orders.