LAHORE, July 31: A full bench of the Lahore High Court on Wednesday stayed the result of election in PP-10 (Rawalpindi) in identical petitions, challenging Punjab Chief Minister Mian Shahbaz Sharif’s eligibility to hold office.
Petitioner Shahid Orakzai said Shahbaz Sharif had lost right to be the chief minister after he won PP-10. He said according to the Constitution, he would have to vacate his first seat — upon which he first became member of the Punjab Assembly and then the chief minister — after winning the second.
Shahbaz was first declared successful unopposed from PP-48, Bhakkar, and later from PP-10, Rawalpindi.
Later, Mr Orakzai had also filed a petition before the court to direct the chief secretary to have the office of the chief minister vacated from Shahbaz Sharif, who had no right to be in the office.
The bench comprising Justice Maulvi Anwarul Haq, Justice Muhammad Khalid Alvi and Justice Syed Sajjad Husain Shah after staying the result, adjourned the hearing till the third week of September.
Orakzai said Shahbaz was no more the leader of the house and as such he could not hold the office of the CM or participate in the meetings of the assembly or any committee.
He said the Election Commission of Pakistan (ECP) secretary had made a public statement that constituency PP-48 stood vacated as a result of Shahbaz's unopposed victory from PP-10 but he was visibly trying to reverse the constitutional operation to suit his personal convenience and unlawful interest.
He said his refusal to vacate the first seat was a clear betrayal of his oath as the CM. He added the ECP did not formally respond to the reported resignation.
He said after June 21, Shahbaz had no constitutional authority to continue in office and he was visibly subverting the Constitution by force and other means. He apprehended that Shahbaz may dissolve the Punjab Assembly although he was not empowered to invoke that power of the CM.
He requested the court to prevent any such action which would affect taxpayers because expenditure on election was charged upon the federal consolidated fund. He prayed that ECP be directed to withhold all actions required under the law in consequence of the notification issued for PP-48 and PP-10 until the disposal of this petition.
He also prayed that Shahbaz be restrained from invoking article 112 until the ruling of this court. He further prayed directions for the ECP to announce election schedule for PP-48.