Pakistan SC says deputy speaker’s ruling was patently incorrect and erroneous and cannot be sustained.
Order administration of Punjab Governor Baligh ur Rehman to administer oath to Pervez Elahi at 11:30pm tonight.
Says if governor refuses to perform his duties the President Arif Alvi will administer oath.
ISLAMABAD: The Supreme Court of Pakistan on Tuesday declared the ruling of Punjab Assembly Deputy Speaker Dost Muhammad Mazari in the Punjab chief minister’s election “illegal” and ruled that PTI’s candidate Pervez Elahi will be the new CM of the province.
The Supreme Court, in an 11-page short order, said: “We find that the understanding and implementation of the said short judgment as well as the provisions of Article 63A(1)(b) of the Constitution by the Deputy Speaker, Provincial Assembly of Punjab, Lahore (Respondent No.1) was patently incorrect and erroneous and cannot be sustained.”
It added that the act also “subverted” the governance of Punjab.
“As a result, the Ruling dated 22.07.2022 issued by Respondent No.1, Deputy Speaker, Punjab Assembly is set aside and declared to be void, without lawful authority and of no legal effect,” the SC stated.
The order then declared Elahi as the duly elected chief minister of Punjab as it ruled that he had obtained 186 votes compared to Hamza’s 179.
The order also declared that the oath of office administered to Hamza was “without lawful authority and of no legal effect”.
“Likewise all acts, deeds and things attendant and consequent upon such oath including but not limited to the notification of Respondent No.2 (Hamza Shahbaz) and the formation and swearing in of the Cabinet on his advice is also declared to be without lawful authority and of no legal effect,” said the order.
The three-member bench — comprising Chief Justice of Pakistan Umar Ata Bandial, Justice Ijazul Ahsan, and Justice Muneeb Akhtar — also ordered Punjab Governor Baligh ur Rehman to administer the oath to Elahi at 11:30pm, adding that if he refuses to perform his duties, President Arif Alvi will administer the oath.