The Supreme Court on Monday rejected the coalition government’s request to form a full court bench on petitions related to the recently held Punjab chief minister’s re-election.
According to the verdict, the three-member bench, headed by Chief Justice of Pakistan Umar Ata Bandial, will hear PML-Q leader Chaudhry Parvez Elahi's petition, challenging Punjab Assembly Deputy Speaker Dost Mohammad Mazari’s controversial ruling in the chief minister’s re-election, tomorrow.
The top court has adjourned the hearing till 11:30 am tomorrow (Tuesday).
Earlier, Justice Bandial remarked that the head of a political party will "also have to listen to the parliamentary party’s opinion", as the hearing of the petition lodged by PML-Q leader Chaudhry Parvez Elahi against Punjab Assembly Deputy Speaker Dost Muhammad Mazari remained underway.
When the hearing resumed on Monday, the top court barred PDM leaders from entering the court premises and only allowed leaders of respondent parties inside the court - that too with the permission of the SC administration.
Elahi's filed a petition in wee hours of Saturday after a ruling by the Punjab Assembly deputy speaker led to his defeat in Punjab CM election and Hamza Shehbaz's re-appointment as the province's chief executive. Subsequently, Punjab Governor Balighur Rehman administered the oath on Saturday to Hamza Shehbaz as chief minister.
A three-member bench, headed by Chief Justice of Pakistan Umar Ata Bandial and comprising Justices Ijazul Ahsan and Munib Akhtar, heard the case on Saturday and after prolonged proceedings, adjourned it for Monday and appointed Hamza “Trustee CM” till then. Now, the court hearing is expected to begin after 1pm.
Coalition govt reiterates demand for full bench to hear Elahi's petition
While Hamza Shehbaz took oath as CM Punjab, Chief Justice of Pakistan Umar Ata Bandial stated that the oath does not matter in front of the court and SC would see the matters in the light of the constitution.
In Punjab CM elections on Friday, PML-Q’s PTI-backed candidate Pervez Elahi lost to PML-N’s Hamza Shehbaz despite securing a higher amount of votes. Hamza received 179 votes whereas Elahi garnered 186 votes, however, Mazari nullified 10 votes of Elahi’s own party after reading a letter from PML-Q leader Chaudhry Shujaat Hussain, which turned the tables in Hamza’s favour.
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On Saturday, the apex court summoned Mazari as Bandial wanted to hear his remarks personally however, Mazari failed to appear and his lawyer represented him instead.
Bandial added that this conflict was created due to inexperience of members and Pakistan was waiting in vain to hear the verdict of this case.
“The matter pertains to interpretation of Article 63-2A,” he said.
Moreover, the SC sent notices to Hamza, Punjab chief secretary, Advocate General of Punjab and Attorney General of Punjab.
Punjab CM re-election: SC hearing on Elahi's petition adjourned till Monday
On Monday morning, the Pakistan Democratic Movement (PDM) demanded the formation of full court bench to hear the case with Foreign Minister Bilawal Bhutto citing that “PDM would accept whatever verdict is issued by a full bench”.
PDM leaders are expected to go to the apex court today with their lawyers to request formation of a full court bench that jointly hears cases related to the election of Punjab’s chief minister, the Supreme Court Bar Association’s (SCBA) review petition of the apex court’s ruling on Article 63-A, and other related petitions.
PPP, PML-N and Jamiat Ulema-e-Islam-Fazl will go to the Supreme Court, while the Muttahida Qaumi Movement-Pakistan, Balochistan National Party, Balochistan Awami Party and other allied parties will be among the petitioners as well.
The statement said that the lawyers of all the parties will argue in Supreme Court on Article 63-A of the constitution.