June 24, 2008	Tuesday	Jamadi-us-Sani 19, 1429

LAHORE, June 23: A central leader of the PML-N, who is also a senior lawyer, is of the view that after Election Commission's notification that Mian Shahbaz Sharif has been elected unopposed as a member of the Punjab Assembly from PP-10 (Rawalpindi), his seat PP-48 (Bhakkar), on the basis of which he became chief minister for a second time, has fallen vacant under Article 223 (4) of the Constitution.

Syed Zafar Ali Shah said while talking to Dawn on Monday that if PP-48 fell vacant, it would not be possible for the PML-N president to stay as chief minister.

And once the chief minister quits, the provincial cabinet also ceases to exist.

The PML-N leader said the situation had far-reaching consequences for the political future of Mian Shahbaz Sharif as in case he quit, he could not become chief minister again.

Explaining the point, he said under "The qualification to hold public offices order, 2002 (Chief Executive Order 19 of 2002)" nobody could become chief minister for a third time unless the law was amended with the approval of the president.

Mian Shahbaz, Zafar Ali said, remained chief minister twice (once in 1997-99 and then after winning the Bhakkar seat in 2008). And if he had to quit and was made to quit, he would not qualify to hold the office yet again.

He said Shahbaz Sharif could become a member of the Punjab Assembly after taking fresh oath as a representative from PP-10 (Rawalpindi). However, he said, he could not continue as the chief minister.

Zafar Ali Shah said Article 223 (4) says: "Subject to Clause 2 if a member of either house or of a provincial assembly becomes a candidate for a second seat which in accordance with clause 1 he may not hold concurrently with his first seat, then his first seat shall become vacant as soon as he is elected to the second seat".

He said this clearly showed that after getting elected from PP-10, Mian Shahbaz Sharif's seat PP-48 (Bhakkar) had fallen vacant since the date of the notification.

Punjab Election Commissioner Javed Khurshid confirmed that a notification for Shahbaz Sharif's victory from PP-10 had been issued and that by-election on this seat would not be held on

June 26.

The PML-N leader held people around Mian Shahbaz Sharif responsible for the situation facing the Punjab chief minister. He said had the political and legal teams given Mr Shahbaz Sharif the right kind of advice, he could have withdrawn his nomination papers from

PP -10 after getting elected from PP-48.

He said some PML-N leaders were involved in conspiracies against Mian Shahbaz Sharif. He said the failure to take back nomination papers from the second seat was a major lapse for which the PML-N president could have to pay a very heavy political price.