The Lahore High Court (LHC) on April 29 responded to a reference to the Election Commission of Pakistan (ECP) and Chief Election Commissione...
The Lahore High Court (LHC) on April 29 responded to a reference to the Election Commission of Pakistan (ECP) and Chief Election Commissioner Sikandar Sultan Raja regarding the reference to de-seating deviant PTI members in the Punjab Assembly. Instructed to submit.
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| Justice Shujaat Ali Khan heard the petition filed by the party's parliamentary leader Muhammad Sabteen Khan in the Provincial Assembly. Photo: Lahore High Court Website |
Justice Shujaat Ali Khan heard the petition filed by the party parliamentary leader Muhammad Sabteen Khan in the provincial assembly.
Earlier this month, PML-N Hamza Shahbaz had won the Punjab Chief Minister election, defeating PTI and PML-Q joint candidate Chaudhry Pervaiz Elahi.
Read also: Decision on petition against non-implementation of court order to take oath from Hamza Shahbaz reserved
Hamza Shahbaz was elected Chief Minister of Punjab by getting 197 votes. Among the votes he got were 26 votes of deviant members of PTI while Pervez Elahi did not get any votes because members of PTI and PML-Q. The assembly did not participate in the voting.
Following this, Punjab Assembly Speaker Pervez Elahi had sent a reference to the Election Commission against the deviant MPAs, in which they were declared deviated from PTI for violating party discipline and urged to be de-seated.
A petition filed in the Lahore High Court against MEDIA states that 25 lawmakers, in violation of party guidelines, voted in favor of United Opposition candidate Hamza Shahbaz.
Among the legislators who voted for Hamza Shahbaz were Raja Saghir Ahmed, Malik Ghulam Rasool Sanga, Saeed Akbar Khan, Muhammad Ajmal, Faisal Hayat, Mehr Muhammad Aslam, Mian Khalid Mahmood, Abdul Aleem Khan, Nazir Ahmad Chauhan, Muhammad Amin Zulqarnain and Malik Noman Langarial. Mohammad Salman, Zawar Hussain Waraich, Nazir Ahmad Khan, Fida Hussain, Zahra Batool, Mohammad Tahir, Ayesha Nawaz, Sajida Yousaf, Haroon Imran Gul, Uzma Kardar, Malik Asad Ali, Ejaz Masih, Mohammad Sabteen Raza and Mohsin Ata Khosa.
Read also: Matter of not taking oath, new petition of Hamza Shahbaz fixed for hearing
The petition contends that under Article 63-A (1) (b) (i) of the Constitution, in connection with the election of the Prime Minister or the Chief Minister, if any member of a parliamentary party is issued by his parliamentary party. If he votes against or refuses to vote against any directive, he will be declared in writing by the party chief to be deviating from the political party. Will send to relevant member.
The petition states that the 25 MPA nominated in the petition were instructed by the PTI but they voted for Hamza Shahbaz, after which show cause notices were issued to the deviant members to explain their position. Were also released but they did not respond.
PTI Chairman Imran Khan had issued a declaration of disqualification on the basis of deviation under Article 63A (1) (b) (i). The declaration was sent to the Assembly and later to the Election Commission of Pakistan.
Read also: Refusal to take oath, newly elected Chief Minister Hamza Shahbaz returns to court
The petition further states that the ECP and the Chief Election Commissioner must de-seat the said parliamentarians as they voted for Hamza Shahbaz in violation of party discipline but the said declaration is pending before the respondents. ۔
It further said that the Election Commission and the Chief Election Commissioner were suspending the matter and deviant MPs were using delaying tactics to facilitate them so that they could reap the benefits as members of the Punjab Assembly.
It said that deviant legislators should have been immediately 'disqualified' but the Election Commission and the Chief Election Commissioner were giving them 'facilities' so that they could be 'illegal' on the no-confidence motion against the Deputy Speaker of the Punjab Assembly. 'Be able to vote.
The petition further said that the matter has not been decided for hearing yet and no notice has been issued by the Election Commission to the concerned legislators, while the Commission is bound to decide the matter within 30 days.
Read also: Governor Punjab postpones swearing in of newly elected Chief Minister
The petition asks the court to direct the ECP and CEC to decide the matter and to "immediately reset the MPA".
The petition also asked the court to suspend the membership of 25 deviant MPA during the reference hearing and prevent them from voting on the no-confidence motion against the Deputy Speaker.
The ECP had issued notices to 46 deviant members of the National and Punjab Assemblies two days ago, asking them to appear before the commission on April 28 and May 6, respectively.
The decision was taken at a meeting of the ECP during which a letter written by PTI chairman Imran to the commission was considered.
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