Parvez Elahi takes oath as chief minister after SC declares Hamza’s election illegal

Chaudhry Parvez Elahi, a candidate backed by former prime minister Imran Khan’s party, took oath as chief minister of Punjab in the early morning on July 27 hours after Pakistan’s top court ruling.

President Dr Arif Alvi administered the oath to Elahi at Aiwan-i-Sadr in Islamabad. Elahi came to the federal capital for the ceremony after Punjab Governor Balighur Rehman refused to perform his duties.

In an anxiously awaited decision, Supreme Court late on Tuesday declared PML-Q’s Chaudhry Parvez Elahi as the duly elected chief minister of Punjab for securing 186 votes against the 179 of his opponent, Pakistan Muslim League-Nawaz’s (PML-N) candidate Hamza Shehbaz.

The decision was announced by three-judge bench led by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justice Ijazul Ahsan and Justice Munib Akhtar, in the absence of the ruling coalition parties’ lawyer, who boycotted the hearing on the instructions of their clients.

The court’s short order said: “We find that the understanding and implementation of the said short judgement as well as the provisions of Article 63A(1)(b) of the Constitution by the Punjab Assembly deputy speaker was patently incorrect and erroneous and cannot be sustained. Thus, the governance of the Punjab in accordance with the Constitution was subverted whereby the fundamental rights of the people have been seriously infringed.”

Court order

• The court declared void the ruling of Punjab Assembly Deputy Speaker Dost Mohammad Mazari of dismissing 10 votes of Pakistan Muslim League-Quaid (PML-Q) on the basis of a letter by PML-Q party leader Chaudhry Shujaat Hussain. The court said that speaker’s ruling was “void, without lawful authority and of no legal effect.”
• The 11-page short order directed the Punjab chief secretary to immediately issue the requisite notification declaring Elahi as the duly elected CM. It added that Hamza Shehbaz was not a duly elected CM, the oath of office administered to him was without lawful authority and of no legal effect.
• All acts, deeds and things attendant and consequent upon the oath, including but not limited to the notification of Hamza and the formation and swearing-in of the cabinet on his advice, was also declared to be without lawful authority and of no legal effect.
• All advisers and special assistants appointed under the orders or advice of Hamza would immediately cease to hold office, their appointment declared illegal.
• The Supreme Court also directed Punjab Governor Balighur Rehman to administer the oath of office to Parvez Elahi in accordance with law and Constitution no later than 11:30pm on Tuesday. And in case the governor was unable or unwilling to do so, President Alvi could carry out the job.

PTI hails, ruling coalition rejects SC verdict

The supporters of Imran Khan’s party Pakistan Tehreek-i-Insaaf (PTI) and also the PML-Q gathered celebrate the supreme court’s decision thorughout the night that paved the way for Parvez to be the chief minister of Punjab.

PTI termed the decision “supremacy of the Constitution” and decided to observe ‘thanksgiving day’ on Wednesday (July 27).

Meanwhile, the ruling coalition rejected the Supreme Court’s verdict on Punjab chief minister’s election and called it a day of “start of another phase of independence of the judiciary”. PMLN-led coalition also requested the chief justice to form full court bench for this case but the request was rejected by the court.