The Supreme Court bench Thursday dismissed an election petition against Punjab Chief Minister Mian Muhammad Shahbaz Sharif, declaring it non-maintainable and directed the Lahore High Court (LHC) to settle the matter in two days. A three-member bench of the apex court comprising Justice Mohammad Moosa K. Leghari, Justice Sheikh Hakim Ali and Justice Muhammad Farrukh Mahmud disposed off the matter.
Syed Khurram Shah had filed a petition under Article 184 (3) of the Constitution which prays that during the pendency of this petition, the operation of the order by the Returning Officer (RO) and the notification issued by the Chief Election Commissioner may be suspended and kept in abeyance. In addition, Shahbaz Sharif be restrained from taking oath as member of the Provincial Punjab assembly or participating in the assembly proceedings, the petition said.
Ahmad Raza Qasuri, appeared before the court as a counsel for the petitioner Syed Khurram Shah, Advocate Akram Shiekh for Shahbaz Sharif and Khawaja Harris represented the government of Punjab.
Ahmad Raza Qusari argued that Shahbaz Sharif was alleged for having illegal assets of Rs 6,146 million and was disqualified from the general elections 2002. These charges still persist, as Shahbaz Sharif has not made any clarification to the RO, he added. He said that the Election Tribunal had either surpassed its limits or had not utilised its powers while declaring Shahbaz Sharif eligible to contest the elections.
He said Shahbaz Sharif's oath taking ceremony on Sunday, the day public offices and the courts do not work points towards the bad intentions, as he knew that the court might restrict him from taking oath. Qusari said that a similar matter of illegal assets was pending in the Lahore High Court (LHC), therefore an interim relief should be given to the petitioner.
At that the AG, Malik Muhammad Qayyum presenting his opinion said that in this respect the matter should be decided by the LHC as early as possible. Akram Sheikh said that the petition is not maintainable as the purpose for which it has been filed has already completed. Advocate Khawaja Harris said that a stay order against Shahbaz Sharif would affect the working of the Punjab Assembly, as he is the Chief Minister of the province.
He said the EC had issued notice for Shahbaz Sharif on June 3, whereas the petitioner had filed the application seeking stay order on June 4. In addition, it is an election matter, therefore, an election petition can challenge the membership of any candidate but the petitioner had filed a constitutional petition.