EDITORIAL: In its keenly awaited decision announced late Tuesday evening on the runoff election for Punjab chief minister, a three-member Supreme Court bench headed by Chief Justice Umar Ata Bandial declared as void and of no legal consequence Punjab Assembly Deputy Speaker Dost Mohammad Mazari’s controversial ruling discounting 10 PML-Q legislators votes, and strangely enough, also the opposition candidate Chaudhry Pervaiz Elahi’s own vote, and Elahi as the duly elected chief minister for securing 186 votes against his opponent Hamza Shehbaz’s 179.
Mazari who had based his ruling on PML-Q President Chaudhry Shujaat Hussain’s letter advising his party legislators (they claimed no knowledge of the letter received by Mazari) not to vote for either candidate. In its short order the court also rejected PDM leaders’ demand for a full court hearing. The law is clear on both points.
There is no confusion, as acknowledged by most legal experts, about that who gives voting direction. As per Article 63 A (I) (b) of the Constitution, it is for the parliamentary party to decide who to vote for, rather than the party president. Regarding the other issue, it is the sole prerogative of the Chief Justice to form benches.
Lawyers for Mazari and the PPP have indicated their intention to file a review petition against the rejection of their pleas to constitute full court. That though is not expected to change anything since the review petitions are to be heard by the same bench.
However, a related issue pertaining to the judgement of May 17, which could entail implications for the present case, is yet to be decided. Notably, the relevant constitutional provision calls for disqualification of legislators who vote against their party line in three specific instances: vote of no-confidence, the annual budget, and amendments to the Constitution.
Nevertheless, in its wisdom the court had ruled that the votes of party defectors will not be counted, either. That it may have done in its role as an interpreter of Constitution in matters of ambiguity, but is seen by many as a court overreach and assuming a legislative function. It will take time before the petitions challenging that verdict are taken up. Whatever the outcome, it is likely be overtaken by events on the ground.
Although the PML-N-headed ruling coalition at the Centre has, once again, reiterated it will complete its term that resolve may not last long. Understandably, the Nawaz League in the middle of an economic crisis and loss of its power base in Punjab is worried about its future prospects. But an increasingly confident PTI leader Imran Khan continues to pile up pressure for early elections.
Regardless of his demand, the prevailing political uncertainty and its negative effect on the economic situation is in no one’s interest. All the stakeholders, including political parties, are required to take stock of the profoundly grim situation soberly and deeply with a view to arriving at a solution through which the country can successfully avert a lingering economic collapse, which is staring us in the face even after the resumption of IMF (International Monetary Fund) lending. Political bickering only adds to economic mess. The shameful slide of PKR is a strong case in point.
Copyright Business Recorder, 2022
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