LAHORE:
Chief Justice of the Lahore High Court Muhammad Amir Bhatti on Tuesday reserved his verdict after the PML-N and PML-Q/Punjab Assembly secretariat failed to reach a consensus. on neutrality of a person, who will be appointed chairman over house on April 16 already fixed for elections for Chief minister position.
PML-N proposal for early poll has been rotated down lawyers representing the PMLQ and the secretariat of the meeting, arguing that the competition will be held on 16 April.
Since it was second When it came to the BAC, S. J. Bhatti provided an opportunity for the lawyers representing the parties to with direction to come up with post-election settlement for in CM slot should be carried out or who will preside over the proceedings of home that day.
However, both possibilities did not bring any results as result of to which CJ Bhatti remarked that such behavior would be a mockery of country and damage it reputation.
As the case progresses on Tuesday, Barrister Ali Zafar, who introduces PML-Q leader and candidate for Chief Minister Post-Speaker of the Punjab Assembly Parvez Elahi opposed the petition, citing various quotations.
He argued that the issues of the assembly could not be challenged. in Courts.
He begged that whenever such cases were taken to the courts, they would refuse to hear them.
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“The courts consider only cases related to the violation of the Constitution. But this is a purely procedural matter. issue that does not fall under the jurisdiction of the court,” he said. added.
The lawyer gave a recent example of Elections for Senate President Sadiq Sanjrani, in which seven votes were rejected and the opposition contested the issue in court.
However, the court noted that this issue could only be considered if there had been any violation of the Constitution. in This is.
“AT [National Assembly] in the case of Deputy Speaker Kasim Suri, the no-confidence motion was not accepted for seven days.”
April 7 Supreme Court set away from decision of Vice Speaker of the National Assembly to reject the proposal of the opposition no-confidence resolution against Prime Minister Imran Khan.
Zafar further argued that the challenge of The House, or its adjournment, and the powers delegated to its speaker, or their repeal, were business of assembly that cannot be decided by a court.
At the request of the court over fixing the competition session on On April 16, Zafar stated that no timeline had been given. in in rules and procedure of Assembly.
“Only immediate elections for in CM position, with no other business was discussed, he said. added.
The court asked Zafar why PML-Q and the secretariat fixed April 16, if immediate elections were mentioned in in rules.
lawyer replied to government It was fixed April 3 for competition, and therefore of unpleasant incident, the Chamber was closed until 16 April.
Azam Nazir Tarar, lawyer representing PML-N leader and opposition leader in Punjab Assembly Hamza Shehbaz argued that the province is governed without its head, but its government delayed on cause on one suggestion after another.
As the arguments came on who will preside over the Chamber, which on April 16, lawyers for The PMLQ and the assembly secretariat took issue with the name of Deputy Speaker Sardar Dost Muhammad Mazari, arguing that it caused controversy after it became known that a motion of no confidence had been filed. against him and went to trial in TANK.
On this vice speaker counsel argued that paragraph (3) of Article 53 of The constitution stated: “When office of The speaker is free, or the speaker is absent, or cannot perform his functions due to any cause, the deputy speaker acts as speaker”.
In response to the no-confidence motion, he argued that it just was presented and not carried out out yet.
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Punjab Advocate General Ahmad Awais argued that the only solution to this debate was a strict follow procedure laid down out in Constitution and Assembly rules.
At the request of the court, Zafar suggested that panel of chairmen, including of four members from the Treasury and the opposition bench, whose name will be on upstairs, will preside over the House of Representatives.
To this Hamza counsel argued that there was no constitutional prohibition over presiding over Provincial Assembly as Deputy Speaker Mazari, citing the recent example of National Assembly when Speaker Asad Qaisar and Deputy Speaker Suri presided over the House even though no motions of confidence were filed against them.
He also argued that when you didn’t rely on a deputy speaker, that’s why how it could be assumed that panel of chairmen led by Mian Shafi, who belonged to PTI, will chair over House honestly.
It annoyed LHC CJ Bhatti who asked: “So what will be the solution?”
Senator Tarar proposed in provincial assembly, there were four or five independents, who did not belong to any party. “They could be given chance for presiding over home that day.
However, lawyers for PML-Q and the secretariat disagreed with this proposal.
LHC CJ Bhatti asked lawyers to help him over “who will chair over chamber unless there is consensus between the parties.” To that, counsel the representative of the secretariat of the assembly argued that if the stalemate continued, the chances of governor rule will increase.
However, after hearing detailed arguments, the court reserved the right decision.
PML-N’s Hamza petitioned for an election for in CMslot, vice speaker Mazari went to court over deprivation of his powers of current speaker and PML-Q general secretary turned to the LHC for help in “recovery of his MPAs were taken hostage at the local PML-N hotel.”
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