close
Tuesday February 04, 2025

SC’s interpretation of Article 63-A does not apply on CM Punjab’s election, Hamza tells LHC

Punjab CM polls were held before the Supreme Courts interpretation of Article 63-A, argues Hamza Shahbaz

By Web Desk
May 30, 2022
Lahore High Court. — LHC website
Lahore High Court. — LHC website

LAHORE: Punjab Chief Minister Hamza Shahbaz on Monday told the Lahore High Court (LHC) that the Supreme Court’s interpretation of Article 63-A does not apply to his election as the province's chief minister.

In his 16-page written reply submitted in response to the petitions challenging the PML-N leader's election as Punjab’s chief minister, Hamza Shahbaz said, “Election for the post of Punjab chief minister was held in light with the high court’s orders and as per the law and the Constitution.”

The Punjab CM election was held before the SC’s interpretation of Article 63-A, hence, the top court’s judgement will not be applied retrospectively, argued Hamza.

Hamza Shahbaz is performing his responsibilities assigned by the law as a CM, read the document.

He pleaded with the court to dismiss the petitions challenging the chief minister’s elections and impose fines on the petitioners.

The chief minister maintained that the former Punjab governor’s investigations into the CM’s elections were “illegal”. The Punjab Assembly secretary had also no authority to conduct a probe in the election.

It is pertinent to mention here that the LHC on May 25 had fined Hamza Shahbaz and the Punjab government Rs100,000 each for not submitting their responses on the petitions.

Adhering to court orders, Hamza Shahbaz submitted his reply and Rs100,000 as a fine.

At the outset of today’s hearing, the advocate general apprised the court that the Punjab government has submitted the reply in the case.

The Punjab government’s counsel pleaded with the court not to make the fine a part of the record as it is a matter of the officers’ job. At this, the court approved his request. 

‘Hamza using CM office illegally’

Meanwhile, Barrister Syed Ali Zafar, PTI’s counsel, said that Hamza Shehbaz was using the office of the Punjab chief minister illegally.

“As per the law, a candidate is needed at least 186 votes to win the chief minister’s election in Punjab. Out of the total 197 votes bagged by Hamza, 25 were of the PTI’s defiant lawmakers,” argued Ali Zafar.

Following the SC’s interpretation of Article 63-A of the Constitution, the question before the court is whether these 25 votes will be counted or not, asked the PTI’s lawyer.

The PTI’s lawyer was of the view that the 25 votes of the defiant lawmakers will not be numbered and Hamza Shahbaz has lost the simple majority which is needed for holding the office of the chief minister as per the Constitution.

At this, the LHC chief justice asked, “Will all the verdicts given in the past be reversed if the SC interpretation of Article 63-A is applied retrospectively.”

The ECP had de-notified the PTI’s defiant lawmakers, observed the court.

“The brief order of the SC is not to count the votes of defiant lawmakers,” noted the LHC judge.

The election for the post of Punjab CM was held as per the law then, the LHC observed, adding that the law, however, was interpreted later.

“Will a process which has been completed be undone?” asked the judge.

The PTI’s counsel replied in affirmative and said, “There are judgments in this regard.” The court had even removed judges, he added.

He pleaded with the court to remove Hamza from the office and said the PML-N leader now has the support of 172 MPAs.

Meanwhile, the court adjourned the hearing till tomorrow and directed the PTI’s counsel to continue his arguments in the next hearing.