The document is a judgment from the Lahore High Court regarding several writ petitions and appeals related to the election of the Chief Minister of Punjab province.
The key points addressed in the judgment are:
1) The Supreme Court's decision that votes of defecting members of a political party should not be counted is applicable to the Chief Minister election held on April 14th, 2022.
2) 25 votes cast by defecting members of PTI for Hamza Shahbaz cannot be counted.
3) The Deputy Speaker will recount votes after excluding the 25 defecting votes and if the required majority is not achieved, a second poll will be held.
4) The provincial assembly session will resume on July 1
LHC restores Elahi as Punjab CM after assurance he won't dissolve assemblyGibran Ashraf
The Lahore High Court on Friday suspended an order of Governor Balighur Rehman to de-notify Chaudhry Parvez Elahi as the chief minister of Punjab after he assured the court that he will not dissolve the provincial parliament until the next hearing of the case on January 11.
Read the full story here: https://www.samaaenglish.tv/news/40023993/pakistan-lhc-restores-elahi-as-punjab-cm-after-assurance-he-wont-dissolve-assembly
SC orders holding Punjab, KP elections in 90 daysGibran Ashraf
The Supreme Court (SC) on Wednesday, March 1, has directed to hold elections for Punjab and Khyber Pakhtunkhwa assemblies within 90 days as it announced the reserved verdict in the suo motu case on the delay in announcing dates for the elections.
Read the full story here: https://www.samaaenglish.tv/news/40028413/pakistan-sc-orders-holding-punjab-kp-elections-in-90-days
2023 (और उससे पहले 2022) में सुप्रीम कोर्ट द्वारा नफरत फैलाने वाले भाषण पर अंकुश लगाने के लिए जारी किए गए कई दिशानिर्देशों के बावजूद हेट स्पीच की घटनाएं सामने आती रहती हैं। नागरिक नफरत मुक्त 2024 कैसे सुनिश्चित कर सकते हैं?
The petitioner (an advocate) has initiated the PIL under Article 32 seeking to issue an appropriate writ/ order/ direction restraining permanently the Bar Council of Maharashtra and Goa (BCMG), Bombay Bar Association (BBA) and the Advocates Association of Western India (AAWI), coercing Justice A.M. Bhattacharjee, Chief Justice of Bombay High Court, to resign from the office as Judge.
He also sought an investigation by the CBI into the allegations made against the Justice A.M. Bhattacharjee and if the same are found true, to direct the, Speaker, Lok Sabha to initiate action for his removal under Article 124(4) and (5) read with Article 218 of the Constitution of India and Judges (Inquiry) Act,1968 .
LHC restores Elahi as Punjab CM after assurance he won't dissolve assemblyGibran Ashraf
The Lahore High Court on Friday suspended an order of Governor Balighur Rehman to de-notify Chaudhry Parvez Elahi as the chief minister of Punjab after he assured the court that he will not dissolve the provincial parliament until the next hearing of the case on January 11.
Read the full story here: https://www.samaaenglish.tv/news/40023993/pakistan-lhc-restores-elahi-as-punjab-cm-after-assurance-he-wont-dissolve-assembly
SC orders holding Punjab, KP elections in 90 daysGibran Ashraf
The Supreme Court (SC) on Wednesday, March 1, has directed to hold elections for Punjab and Khyber Pakhtunkhwa assemblies within 90 days as it announced the reserved verdict in the suo motu case on the delay in announcing dates for the elections.
Read the full story here: https://www.samaaenglish.tv/news/40028413/pakistan-sc-orders-holding-punjab-kp-elections-in-90-days
2023 (और उससे पहले 2022) में सुप्रीम कोर्ट द्वारा नफरत फैलाने वाले भाषण पर अंकुश लगाने के लिए जारी किए गए कई दिशानिर्देशों के बावजूद हेट स्पीच की घटनाएं सामने आती रहती हैं। नागरिक नफरत मुक्त 2024 कैसे सुनिश्चित कर सकते हैं?
The petitioner (an advocate) has initiated the PIL under Article 32 seeking to issue an appropriate writ/ order/ direction restraining permanently the Bar Council of Maharashtra and Goa (BCMG), Bombay Bar Association (BBA) and the Advocates Association of Western India (AAWI), coercing Justice A.M. Bhattacharjee, Chief Justice of Bombay High Court, to resign from the office as Judge.
He also sought an investigation by the CBI into the allegations made against the Justice A.M. Bhattacharjee and if the same are found true, to direct the, Speaker, Lok Sabha to initiate action for his removal under Article 124(4) and (5) read with Article 218 of the Constitution of India and Judges (Inquiry) Act,1968 .
Suo motu regarding holding of general elections for the provincial assemblies...Gibran Ashraf
The nine-member bench of the Supreme Court (SC) that was hearing a crucial suo moto case regarding election dates in Punjab and Khyber Pakhtunkhwa (KP) has been disbanded after four judges recused themselves to ensure an unbiased adjudication.
Read the full story here: https://www.samaaenglish.tv/news/40028346
LHC directs ECP to hold Punjab Assembly elections in 90 daysGibran Ashraf
The Lahore High Court (LHC) on Friday directed the Election Commission of Pakistan (ECP) to hold elections for the Punjab assembly within 90 days.
Read the full story here: https://www.samaaenglish.tv/news/40027359/pakistan-lhc-directs-ecp-to-hold-punjab-elections-in-90-days
Suo motu regarding holding of general elections for the provincial assemblies...Gibran Ashraf
The nine-member bench of the Supreme Court (SC) that was hearing a crucial suo moto case regarding election dates in Punjab and Khyber Pakhtunkhwa (KP) has been disbanded after four judges recused themselves to ensure an unbiased adjudication.
Read the full story here: https://www.samaaenglish.tv/news/40028346
LHC directs ECP to hold Punjab Assembly elections in 90 daysGibran Ashraf
The Lahore High Court (LHC) on Friday directed the Election Commission of Pakistan (ECP) to hold elections for the Punjab assembly within 90 days.
Read the full story here: https://www.samaaenglish.tv/news/40027359/pakistan-lhc-directs-ecp-to-hold-punjab-elections-in-90-days
The Islamabad High Court (IHC) on Thursday rejected Pakistan Tehreek-e-Insaf's (PTI) plea against the fact-finding report of Election Commission of Pakistan (ECP) in the foreign funding case.
Read the full report here: https://www.samaaenglish.tv/news/40026716/pakistan-foreign-funding-case-ihc-rejects-ptis-plea-against-ecps-fact-finding-report
District court sends Fawad Chaudhry to jail on judicial remand, againGibran Ashraf
A district court in Islamabad on Monday sent Pakistan Tehreek-e-Insaf (PTI) leader Fawad Chaudhry to jail on judicial remand at the end of his physical custody with police.
Read full story here: https://www.samaaenglish.tv/news/40026499/pakistan-district-court-sends-fawad-chaudhry-to-jail-on-judicial-remand-again
SC judge fines petitioner Rs0.1m for wasting 13 years of opponent in fake caseGibran Ashraf
The Supreme Court of Pakistan (SCP) Justice Mansoor Ali Shah on Saturday slapped a Rs100,000 fine on petitioner for filing an unnecessary and false case and that entangled a citizen for 13 years.
Read the full story here: https://www.samaaenglish.tv/news/40026387/pakistan-sc-judge-fines-petitioner-rs01m-for-wasting-13-years-of-opponent-in-fake-case
The Pakistan Telecommunication Authority (PTA) has released its annual report containing details of actions it has taken and policies devised including on fifth generation (5G) and new WiFi protocols.
Read more here: https://www.samaaenglish.tv/trends/pta
PTA Removal and Blocking of Unlawful Online Content (Procedure, Oversight and...Gibran Ashraf
Pakistan Telecommunication Authority (PTA) rules from 2021 on removal of and of blocking unlawful content online under which social media companies operating in Pakistan are required to register with the government and subject themselves to regulations created by the government.
Read the full story here: https://www.samaaenglish.tv/news/40025218/tech-around-a-third-of-pakistanis-connected-to-social-media-pta-report
Arshad Sharif murder: SC gives SJIT a month to complete investigation from UA...Gibran Ashraf
Supreme Court (SC) on Friday ordered the Special Joint Investigation Team (SJIT) to submit a report on murder of senior journalist Arshad Sharif, after completing investigation from UAE and Kenya.
Read the full story here: https://www.samaaenglish.tv/news/40024924
Imposition super tax on ultra rich deferred until FY23Gibran Ashraf
The imposition of a super tax on the ultra rich by the government has been deferred until the tax year 2023.
Read the full story here: https://www.samaaenglish.tv/news/40023944/money-imposition-super-tax-on-ultra-rich-deferred-until-fy23
Governor rejects Punjab Assembly Speaker's ruling on no-trust sessionGibran Ashraf
Punjab Governor Balighur Rehman on Wednesday evening rejected a ruling of the Punjab Assembly Speaker Sibtain Khan who had decided against calling a session of the provincial assembly for a vote of no confidence against Punjab Chief Minister Parvez Elahi.
Read more here: https://www.samaaenglish.tv/news/40023885/pakistan-governor-rejects-punjab-assembly-speakers-ruling-on-no-trust-session
Senate greenlights bill critical for investment in Reko DiqGibran Ashraf
the upper house of Parliament on Monday approved the ‘Support Foreign Investment Bill 2022’. The bill is geared up to allow the government proceed with the Reko Diq project.
Shahrukh Jatoi detailed verdict by Supreme Court.pdfGibran Ashraf
The Supreme Court has said that Shahrukh Jatoi was allowed to go free because the court cannot punish someone once they have been pardoned of the crime by the affected party.
Moreover, the life imprisonment under the terrorism charge for murder Shahzeb Khan was also removed because evidence and circumstances did not support its application.
Read the full story here: https://www.samaaenglish.tv/news/40021871/pakistan-shahzeb-murder-case-case-result-of-egotism-not-terrorism
SC issues order banning motorbikes from plying on Pakistan's highwaysGibran Ashraf
In some bad news for bikers who wished to commute between cities on the motorways, the apex court on Friday issued a verdict barring motorbikes from plying on the highway.
Read the story here: https://www.samaaenglish.tv/news/40021744/pakistan-bad-news-sc-bars-bikes-from-plying-on-countrys-motorways
After 10 years of 'marriage', woman proves her nikkah was fakeGibran Ashraf
In a bizarre case, a court has finally upheld a woman's stance that she had never married a man who claimed for 10 years that she was his wife and even produced computerized nikkahnama as proof.
Read the full story here: https://www.samaaenglish.tv/news/40021681/pakistan-after-10-years-of-marriage-woman-proves-her-nikkah-was-fake
Full verdict of Imran Khan Toshakhana ReferenceGibran Ashraf
The Election Commission of Pakistan (ECP) disqualified on Friday PTI chief Imran Khan in Toshakhana reference.
The PTI chief has been disqualified from holding public office.
Former prime minister Imran Khan, who recently won by-elections from six National Assembly seats on last Sunday, will no longer be able to retain any of his seats including NA-95 Mianwali that he currently retains.
Read the full story here: https://www.samaaenglish.tv/news/40019717/pakistan-imran-khan-disqualified
Supreme Court detailed order on Article 63Gibran Ashraf
The apex court has ruled that casting votes has to happen on party lines and that the individuality of a parliamentary member has to subsumed in the party position. To consider otherwise is to sound the "death-knell" of our system of parliamentary democracy
Short written order by IHC to acquit Maryam Nawaz, Captain Safdar Gibran Ashraf
The short order issued by a two-member bench of the Islamabad High Court (IHC) comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani, setting aside their conviction dated July 6, 2018 to the extent of Maryam Nawaz and Capt (retired) Muhammad Safdar in the Avenfield Reference filed by the National Accountability Bureau (NAB).
Read more here: https://www.samaaenglish.tv/news/40018137/pakistan-maryam-nawaz-capt-safdar-acquitted-in-avenfield-reference
Prime Minister Shehbaz Sharif speech at 77th Session of UNGAGibran Ashraf
Prime Minister Shehbaz Sharif on Friday, September 23, 2022, delivered a speech at the United Nations General Assembly.
He raised the issue of floods in Pakistan and urged the world community to come together to support Pakistan.
He also called for resolution of the Kashmir dispute and for extending humanitarian aid to Afghanistan.
Read full story here: https://www.samaaenglish.tv/news/40017737/pakistan-shehbaz-at-unga-flood-reconstruction-is-going-to-be-a-long-haul
The Pakistan Democratic Movement (PDM) on Thursday submitted the Toshakhana reference against former prime minister Imran Khan to the Election Commission of Pakistan.
Read the full story here:
https://www.samaaenglish.tv/news/40013965/pdm-sends-toshakhana-reference-against-ex-pm-to-ecp
Election Commission of Pakistan verdict on PTI Foreign FundingGibran Ashraf
The Election Commission of Pakistan (ECP) has announced the verdict reserved in a funding case against the PTI.
Read our full story here: https://www.samaaenglish.tv/news/40013800/pti-foreign-funding-case-updates-ecp-declares-pti-received-prohibited-funds
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Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
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In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Matthew Professional CV experienced Government LiaisonMattGardner52
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Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
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"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
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This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
1. Stereo. H C J D A 38.
Judgment Sheet
IN THE LAHORE HIGH COURT LAHORE
JUDICIAL DEPARTMENT
WRIT PETITION NO.30456 OF 2022
Muhammad Sibtain Khan v. Province of the Punjab, etc.
WRIT PETITION NO.30459 OF 2022
Mushtaq Ahmad Malik v. Muhammad Hamza Shahbaz Sharif, etc.
WRIT PETITION NO.34726 OF 2022
Zainab Umair, etc. v. Province of the Punjab, etc.
WRIT PETITION NO.32665 OF 2022
Mian Mahmood ur Rasheed Ahmad v. Government of the Punjab, etc.
WRIT PETITION NO.30670 OF 2022
Munir Ahmad v. Province of the Punjab, etc.
WRIT PETITION NO.30569 OF 2022
Chaudhary Parvez Elahi v. Province of the Punjab, etc.
and
INTRA COURT APPEAL NO.27313 OF 2022
Muhammad Sabtain Khan, etc. v. Muhammad Hamza Shahbaz Sharif, etc.
INTRA COURT APPEAL NO.28417 OF 2022
Mian Muhammad Aslam, etc. v. Muhammad Hamza Shahbaz Sharif, etc.
INTRA COURT APPEAL NO.28418 OF 2022
Mian Mehmood ur Rasheed etc. v. Muhammad Hamza Shahbaz Sharif etc.
Date of Hearing: 30.06.2022.
Petitioners/appellants
by:
M/s Syed Ali Zafar, Muhammad Azhar Siddique,
Imtiaz Rasheed Siddiqui, M. Safdar Shaheen
Pirzada, Amir Saeed Rawn, Mushtaq Ahmad Mohal,
Chaudhary Muhammad Farman Manais, Abdullah
Malik, Munir Ahmad, Mian Shabbir Asmail,
Barrister Shehryar Kasuri, Naila Iqbal, Ashhad Ali
Azhar, Raza Imtiaz Siddiqui, Muhammad Humzah
Sh., Junaid Razaq, Hammad Khalid Butt, Khawaja
Khalid Butt, Sardar Qasim Hassan Khan, Mustafa
Shaukat Imran Pasha, Afsar Raza Khan, Muhammad
Kashif Khan Khichi, Chaudhary Muhammad
2. W.P.Nos.30456, 30459,34726, 32665, 30670, 30569 of 2022 &
ICA Nos.27313, 28417 and 28418 of 2022
2
Shoaib, Salma Riaz, Fayyad Ahmad Mehr, Amna
Liaqat, Nudrat B. Majeed, Ahmad Imran Ghazi,
Arslan Altaf Khan Swati, Kashif Bashir, Sabeel
Tariq, Nasir Mehmood Chaudhary, Waqas Asghar
Jathol, Qadeer Ahmad Kalyar and Jamshaid Alam,
Advocates.
Respondent
(Muhammad Hamza
Shahbaz Sharif) by:
M/s Mansoor Usman Awan, Khalid Ishaq, Umair
Ahmad, Malik Mohammad Aslam, Haris Irfan,
Mian Shahzeb and Malik Muhammad Ashraf,
Advocates.
Respondent (Dost
Muhammad Mazari)
M/s Malik Muhammad Ahmad Khan. Usama
Khawar Ghumman, Ramis Sohail, Barrister Jannat
Ali Kalyar and Salman Ahmad Dogar, Advocates.
Federation:
M/s Mirza Nasar Ahmad, Additional Attorney
General and Tahir Mahmood Ahmad Khokhar
Deputy Attorney General.
Province:
Mr. Shahzad Shaukat, Advocate General, Punjab.
M/s Jawad Yaqoob Malik and Barrister Qasim Ali
Chowhan, Additional Advocates General,
M/s Barrister Hassan Khalid Ranjha, Barrister
Tayyab Jan and Sumera Hussain, Assistant
Advocates General.
President of Pakistan.
Mr. Ahmed Awais, Advocate assisted by M/s Tipu
Salman Makhdoom, Rai Shahid Saleem Khan, Ali
Awais, Moeen Ahmad, Hussain Awais and Belal
Awais, Advocates.
Governor of the Punjab:
M/s Ch. Sultan Mahmood and Samran Mushtaq,
Advocates.
SHORT ORDER
For the reasons to be followed, decision on writ petitions and appeals heard
by this Bench is as under: -
1. The decision by August Supreme Court of not counting votes of defecting
members of a political party is squarely applicable to the election of Chief
3. W.P.Nos.30456, 30459,34726, 32665, 30670, 30569 of 2022 &
ICA Nos.27313, 28417 and 28418 of 2022
3
Minister held on 14th
April 2022. Relevant excerpt of which is reproduced
hereunder: -
“3. Turning to the second question and keeping in mind the answer to the
first, it is our view that the vote of any member (including a deemed
member) of a Parliamentary Party in a House that is cast contrary to
any direction issued by the latter in terms of para (b) of clause (1) of
Article 63A cannot be counted and must be disregarded, and this is so
regardless of whether the Party Head, subsequent to such vote,
proceeds to take, or refrains from taking, action that would result in a
declaration of defection. The second question referred to this Court
stands answered in the foregoing terms.”
[emphasis supplied]
It is an undeniable fact that 25 members of Pakistan Tehreek-e-Insaaf had
voted for Mr. Muhammad Hamza Shahbaz, whereas the party had nominated
Mr. Pervaiz Ellahi as its candidate. Respondent’s contention that the members
have not defected in absence of a direction in terms of Article 63A(1)(b) has
no force. The emphasised part of the order, ibid, discloses the intent behind
the decision that possibility of defection from the Party line, policy or
direction is to be curbed, at the time of poll by the Presiding Officer, regardless
of declaration or action by Party Head. It is understood that presence in the
House, enlistment on voter list and casting of vote is not prohibited, however
the vote so cast, is held not countable.
2. The contention of quashing the Notification No. SO (CAB-II)2-12/2018(VOL-I)
dated 30.04.2022, besides direction for second poll under proviso to Article
130(4) has not impressed us. We could, possibly direct fresh election after
declaring the election as unlawful but it would nullify the direction by Apex
Court to the state functionaries for conduct of election in accordance with the
Constitution and the decision by learned Division Bench of this Court,
appointing Deputy Speaker as presiding officer and directing for conduct of
election on 16th
April 2022. We cannot quash the Notification and ask the
Presiding Officer to proceed under provisos to Article 130(4), when one of
petitioner’s counsel (Mr. Amir Rawn, Advocate) has pleaded that practically
195 votes were casted and the respondent’s contention is that casted votes are
197. Even otherwise, after declaring that 25 votes could not be counted, we
cannot assume the role of the Presiding Officer, under Article 130(4), to
determine majority of countable casted votes. The Presiding Officer (Deputy
4. W.P.Nos.30456, 30459,34726, 32665, 30670, 30569 of 2022 &
ICA Nos.27313, 28417 and 28418 of 2022
4
Speaker) of the election held on 16th
April 2022 is, therefore, directed to
recount votes after excluding 25 votes of the defecting members. As a
consequence, if required majority, under Article 130(4), is not secured by any
candidate, he shall proceed for second and further polls under its provisos for
completing the process of election as required under Article 130(4), unless a
candidate is elected by majority votes.
Though on recounting as directed, the consequential procedure and effect
shall be in accordance with the Constitution and Rules made thereunder,
nevertheless, for clarity it is explained that Hamza Shahbaz shall cease to be
Chief Minister, if he loses the required majority after exclusion of 25 votes by
Presiding Officer and the communication of his being elected candidate under
Rule 21 along with Notification dated 30.04.2022 shall deem to have been
quashed. In this eventuality, functions performed and powers exercised, by
Hamza Shahbaz as Chief Minister and his cabinet, in accordance with law,
shall be protected under the de facto doctrine.
3. The session, for this purpose, as originally called by the then Governor shall
be resumed on 1st
July 2022 (Friday) at 4:00 pm without fail. All the
functionaries under the Constitution or law, within their respective share of
powers, shall act jointly and severally to implement the directions by this
Court. The session so resumed shall not be prorogued till the election process
is completed and Presiding officer intimates the result of elected Chief
Minister to the Governor under the Rule 21. The Governor shall preform his
duty, under Article 130(5), of administering oath without any hesitation and
by ignoring any apprehension regarding conduct election, at any time before
11:00 am very next day.
We cannot ignore the disorder in various sessions of the Provincial Assembly,
therefore are constrained to observe and direct that any attempt of disorder
from any quarter shall be taken as contempt of court and shall be proceeded
accordingly by this Larger Bench on formal information by any person.
4. We allow writ petitions to the extent and manner noted above, however, rest
of the prayers in the petitions are declined by dismissing the petitions to this
extent.
5. W.P.Nos.30456, 30459,34726, 32665, 30670, 30569 of 2022 &
ICA Nos.27313, 28417 and 28418 of 2022
5
The Appeals, regarding oath of Chief Minister by Speaker National
Assembly, an ancillary matter, are hereby disposed of. The reasons and
decision on the constitutional questions, pleaded and argued during
proceedings, shall be released later.
5. We appreciate that on our verbal instructions, the print and electronic media
has reported proceedings before this Bench professionally and carefully,
however, some Vloggers have scandalised the proceedings recently. We,
therefore, direct the FIA and PEMRA, having jurisdiction in the matter, to
take legal action on their own notice and if so informed by any person. This
Larger Bench shall initiate contempt proceedings for scandalizing the
proceedings before it, if so brought formally before this Court by any person.
SADAQAT ALI KHAN
Judge
SHEHRAM SARWAR CH. SHAHID JAMIL KHAN
Judge Judge
I am partly not in agreement with the majority decision and have
appended separate note.
MUHAMMAD SAJID MEHMOOD SETHI
Judge
I concur with the short order of the majority. However, I shall record
my reasons separately.
TARIQ SALEEM SHEIKH
Judge
SAJJAD
6. W.P.Nos.30456, 30459,34726, 32665, 30670, 30569 of 2022 &
ICA Nos.27313, 28417 and 28418 of 2022
6
MUHAMMAD SAJID MEHMOOD SETHI, J:- I have the privilege of
going through the short or`der of my learned brothers. For detailed reasons
to be recorded later, I concur with the majority decision to the extent that:
1. The short order dated 17.05.2022, passed by Hon’ble Apex Court in
Constitution Petitions No.2 & 9 of 2022 and Presidential Reference
No.1 of 2022, of not counting votes of defectors in view of Article
63A of the Constitution is applicable to the election of Chief
Minister of the Punjab held on 16.04.2022.
2. The appeals concerning oath of respondent-Muhammad Hamza
Shahbaz Sharif by Speaker National Assembly and other important
questions raised therein are disposed of for the reasons to be released
later.
3. Prayer to the extent of declaring the election illegal as a whole, in
some Constitutional petitions, is declined.
However, I respectfully disagree with remaining majority decision and
observe as under:-
(i) 25-votes of defectors (Members of the Provincial Assembly from
Pakistan Tehreek-e-Insaf), cast in favour of respondent-Muhammad
Hamza Shahbaz Sharif, are admitted, so, there is no need to repeat
the exercise of counting / re-counting. Deputy Speaker, Provincial
Assembly of the Punjab shall conduct second poll in terms of first
Proviso to Article 130(4) of the Constitution for the election of the
office of Chief Minister. The second poll shall be held between the
candidates who secured two highest numbers of votes in the first
poll and the member securing majority of votes of the members
present shall be called upon by the Governor of the Punjab to assume
the office of Chief Minister after administering oath within the
contemplation of Article 130(5) of the Constitution.
(ii) Reasonable time is necessary enabling Members of the Provincial
Assembly, hailing from far flung areas, to join the session. So it is
appropriate that Provincial Assembly shall meet on 2nd
July, 2022 at
4:00 p.m. The remaining directions in this regard, contained in
majority decision, shall remain operative.
7. W.P.Nos.30456, 30459,34726, 32665, 30670, 30569 of 2022 &
ICA Nos.27313, 28417 and 28418 of 2022
7
(iii) The direction to hold second poll, in no way, would nullify any
direction of Hon’ble Supreme Court as no role of Presiding
Officer/State functionaries is being assumed for conduct of election
and the Hon’ble Division Bench only ordered to ensure conduct of
elections in a fair, transparent and impartial manner, strictly as per
the dictates of the Constitution and the Rules of Procedure of the
Provincial Assembly of the Punjab, 1997.
(iv) Total membership of the Punjab Assembly is 371, the requisite
majority to become Chief Minister is 186 votes. It is evident from
record and admitted by Mr. Ali Zafar, Advocate for petitioners
before this Bench as well as in his written submissions that
respondent-Muhammad Hamza Shahbaz Sharif obtained 197 votes
which fact is also confirmed by the respondents, therefore, stance of
Mr. Amir Rawn, Advocate that actually 195 votes were cast in
favour of respondent does not restrict this Bench to order for second
poll as per the aforesaid provision of the Constitution so as to
implement the judgment of the Hon’ble Apex Court straightaway,
especially when petitions to the extent of challenging election as a
whole stand dismissed by this Bench.
(v) After excluding 25 votes of defectors, the remaining votes at the
credit of respondent-Muhammad Hamza Shahbaz Sharif are 172,
therefore, he is not member elected within the contemplation of
Article 130(4) of the Constitution and being a stranger to the office
of Chief Minister, cannot be allowed to hold the office; besides, it
will give political advantage to respondent over the other contesting
candidate, thus, office of a non-elected member cannot be protected
which even otherwise appear to be against the mandate of Article
133 of the Constitution;
(vi) Such disqualification will commence from the date when the
Notification declaring the respondent as elected was issued, thus, the
respondent is required to be de-notified;
CONCLUSION
A. In view of the above, the Constitutional petitions are allowed in the
manner that impugned letter dated 16.04.2022, addressed to
8. W.P.Nos.30456, 30459,34726, 32665, 30670, 30569 of 2022 &
ICA Nos.27313, 28417 and 28418 of 2022
8
Governor of the Punjab by Deputy Speaker, pronouncing
respondent-Muhammad Hamza Shahbaz Sharif as successful
member elected for the office of Chief Minister, and Notifications
dated 30.04.2022, regarding administration of oath by respondent-
Muhammad Hamza Shahbaz Sharif as Chief Minister and cessation
of Mr. Usman Ahmed Khan Buzdar to hold the office of Chief
Minister are set aside being illegal and without lawful authority.
Consequently, Mr. Usman Ahmed Khan Buzdar, is restored to the
office of Chief Minister of the Punjab with immediate effect, as he
was on said date.
B. In the interest of the administration of the Province and its people, I
put forth to invoke the de facto doctrine and declare that all acts /
actions, otherwise legal and valid, executed between 30.04.2022 and
today by the respondent-Muhammad Hamza Shahbaz Sharif as
Chief Minister of the Punjab and his Cabinet, shall not be adversely
affected by reason only of this order and proposed reasons.
(Muhammad Sajid Mehmood Sethi)
Judge