The Lahore High Court (LHC) on Wednesday instructed Punjab Governor Omer Sarparaj Chima to “complete the procedure” for Prime Minister-elect Hamza Shebaz to enforce the oath on or before April 28, either by himself or his nominee. Friday).
The decision was announced in open court at 10 a.m. in a petition in which Hamza asked the Senate chairman for a court order to enforce the oath against him.
In the three-page judgment, Copy of those available Serb.comLHC Chief Justice Ameer Bhatti ruled that all provisions of the 1973 Constitution of the Islamic Republic of Pakistan proposed the expedited formation of federal and local governments.
“In this regard, it is essential that the president or the governor or, in some cases, the nominee, execute the oath promptly,” he said. administration of the oath.
Judge Bhatti stressed that Punjab has been operating without a functioning government in the past 25 days since accepting the resignation of former CM Usman Buzdar. “Meanwhile, the oath of the newly-elected Punjab Prime Minister Muhammad Hamza Shabaj Sharif is being delayed for reasons that are not only against democratic norms but also against the plan of the Constitution,” he said. .
The court then directed Cheema to “allow the Prime Minister of Punjab to complete the oath enforcement proceedings, either directly or through his designee, pursuant to Article 255 of the Constitution on or before 28 April 2022”.
It also directed President Arif Alvi to “follow the role entrusted by the Constitution/law” by facilitating Hamza’s oath administration and ensuring a functional government in Punjab.
Hamza, elected Punjab’s chief executive at a commotion-damaged local council meeting on April 16, accesses the LHC for a second time on April 25 to intervene in relation to his oath as the governor of Punjab continues to refrain from administrative control. I did. He took an oath on him and questioned the validity of his election, and President Alvi had previously postponed the nomination of another individual to serve on duty as directed by the High Court.
Hamza argued that the president and governor’s failure to comply with the Constitution and court orders on administering oaths to him “made him unable to fulfill his constitutional obligations.”
He added that their “incompetence and unwillingness” was based on “sheer malice” and that the nominations of others to perform the mission were being “withheld for unrelated political considerations”.
PML-N leaders also called “constitutional violations” and non-compliance with court orders “a device for abuse of constitutional orders and process.”
In response, LHC CJ Bhatti filed the case yesterday and withheld the verdict.
Refusal to swear an oath to governor Hamza
At a press conference on April 17, the day after Hamza was elected Prime Minister, Cheema swore an oath to him, saying that the report of Parliament Clerk Punjab, the directives of the LHC, and the facts presented to him questioned the validity of the facts presented to him. refused to do it. Prime Minister election.
“I have written a letter to the Governor-General of Punjab and the Speaker of the Punjab Parliament to seek input from the Parliament Clerk’s report, LHC guidelines and other facts to decide whether or not to take the oath at the governor’s house.” He added that he could not support anything beyond the scope of the Constitution.
Following Cheema’s press, a news article citing PML-N Central Spokesperson Maryam Aurangzeb was released, claiming that the governor had fired Prime Minister Shehbaz Sharif from his office using his discretion.
The governor, however, rejected the claim, saying he held and will continue to hold office under the Constitution. “Only the president of Pakistan has the power to cancel a notification to the governor,” he said, adding that “this has not been done yet.”
The Punjab provincial legislative secretary said in a three-page report that the vice-chairman had entered the house with personal bodyguards and details of the Punjab police handling members of the parliament. Later, he said the deputy director and DIG Operations had summoned the police company. He explained that he could not perform any duties on the floor of the house except as a sergeant.
The delegate said that it was against the rules and procedures of the general assembly for the vice-chairman to hold an election by loudspeaker from the seat of the council.
However, the governor’s chief clerk immediately added that he found the clerk’s report to be one-sided, partial and politically motivated and that he (the clerk) had no authority under the constitution, law or regulation. The rules of the Punjab Provincial Parliament of 1997 call into question the declaration of results of the Vice-Chairman duly authorized by the Lahore High Court to hold elections for the office of Prime Minister.
The chief secretary added that under the constitution or law, the governor does not have the power to annul elections on any grounds.