SC moved as PML-Q’s votes rejected in Punjab CM election

-Deputy Speaker excludes PML-Q’s 10 votes citing unauthorized letter by Shujaat
-Hamza declared winner by biased Deputy Speaker despite opponent securing majority 
-Imran calls for peaceful protests to register dismay over looting of votes
-Legal Eagles put Deputy Speaker’s rulling in dustbin
-Punjab government seeks deployment of Ranger in major cities
-Hamza takes midnight Oath as CM amidst sizzling controversy

From Abid Usman

LAHORE: Pakistan Tehreek-e-Insaf (PTI) and Pakistan Muslim League-Quaid (PML-Q) have moved Supreme Court (SC) against Punjab Assembly Deputy Speaker Dost Muhammad Mazari’s ruling in the chief minister (CM) election.
Soon after the contentious ruling was announced, a joint parliamentary meeting of PML-Q and PTI was held, wherein it was decided to file a writ petition against the Dost Mazari’s decision in the Supreme Court (SC).
The decision came after Pakistan Muslim League-Nawaz (PML-N) leader Hamza Shehbaz was re-elected as the Chief Minister (CM) of Punjab as Punjab Assembly Deputy Speaker Dost Muhammad Mazari rejected the PML-Q’s votes in light of Chaudhry Shujaat Hussain’s letter.
Punjab Assembly Deputy Speaker Dost Mohammad Mazari – who chaired the session – ruled that the votes of PML-Q lawmakers will not be counted in the election of Punjab chief minister in the light of party head Chaudhry Shujaat Hussain’s letter.
Pervaiz Elahi – joint candidate of PTI and PML-Q – received 186 votes, while Hamza Shehbaz got 179 votes. However. 10 votes of PML-Q were cancelled by Deputy Speaker Dost Muhammad Mazari, hence taking the figure to 176.
Shortly after the biased ruling of Punjab Deputy Speaker, PTI Chairman and Former Prime Minister Imran Khan has called for peaceful protests against the outcomes of the Chief Minister (CM) Punjab election.
Imran Khan said in his public address following the CM Punjab election that he was surprised by the happenings in the Punjab Assembly today. “Everyone is now looking to the Supreme Court (SC).”
Khan said that he has always prayed for the strengthening of democracy in Pakistan. He added that moral values possess importance in democracy but everyone has witnessed the auction of politicians.
He criticised that strict action would be taken against the horse trading of lawmakers in any other society. “I want to appeal to the nation to record their peaceful protest against the Punjab Assembly developments tonight.”
Following Imran Khan’s call for peaceful protests, Punjab Government ordered deployment of Ranger Forces in Major cities to maintain Law and Order situation in the province. Speaking to media, Barrister Asad Rahim said he differed from Mazari’s observation. “The text of Article 63-A is clear and it says you cast vote as per directions of the parliamentary party. The Constitution clarifies it and the letter of Chaudhry Shujaat has no legal and constitutional value.”
Barrister Abdul Moiz Jaferii said Article 63-A referred to the parliamentary party and its directions and then it shed light on the “party head”.
Jaferii said there was enough room to interpret that Shujaat had been inserted into the process. “It is prima facie illegitimate and it is an illegal ruling.”
Lawyer Moiz Baig believed “the legal position prior to the Supreme Court’s decision in the presidential reference No. 1 of 2022 was clear insofar as a parliamentarian could deviate from his party position but such defection came at the peril of being disqualified as the SC decision regarding the functions of the parliament leaves the legal position more convoluted than before.”
“The court observation clearly said when a parliamentarian deviated from the position espoused by his or her parliamentary party and cast his or her vote in a manner inconsistent with the directions issued by the parliamentary party, such votes ought to be disregarded.
Talking to media prior to the counting of the votes, former attorney general of Pakistan and legal expert Anwar Mansoor Khan explained the current situation in the context of Shujaat’s letter.
He said that if the parliamentary party had already given a direction then “the same parliamentary leader will be the person to issue directions within the House, and hence, there will be no issue of defection”.