LHC verdict on CM Punjab election

[SEOminati]

 

[AZ1]

https://twitter.com/x/status/1542847762248921088

 

[VCheng]

And as a result, Hamza Shehbaz is not the Chief Minister, so how is he on the CM seat right now?

You are correct that the initial vote has been invalidated by the court, but it has also ordered a recount of the votes deemed valid by the relevant rules. So the final result should be known after due process related to the recount has been completed. In the meantime, an interim setup as determined by the relevant procedures should remain in place to ensure continuity of government. I simply do not know enough about the relevant procedures of the Punjab government to say one way or another who the interim CM would be according to those rules.

 

[Norwegian]

View attachment 858368

https://twitter.com/x/status/1542847762248921088

Same kind of "options" were given to PTI / Imran Khan before the NCM vote by neutral snakes:
1) resign
2) go ahead with NCM vote
@Jango @muhammadhafeezmalik

 

[AZ1]

Same kind of "options" were given to PTI / Imran Khan before the NCM vote by neutral snakes:
1) resign
2) go ahead with NCM vote
@Jango @muhammadhafeezmalik

Same kind of options given

- Give guranttee that nawaz sharif will not die
- Or let him go on guranttee of shahbaz
- Also make sure its just 50 rupess stamp paper.

 

[Jango]

PTI just shot itself in the foot here.

Maybe Pervez Elahi has some plan in his mind, or this was just stupidity. Would be interesting to see the detailed order and what curbs are there on Hamza Shehbaz, if any.

You are correct that the initial vote has been invalidated by the court, but it has also ordered a recount of the votes deemed valid by the relevant rules. So the final result should be known after due process related to the recount has been completed. In the meantime, an interim setup as determined by the relevant procedures should remain in place to ensure continuity of government. I simply do not know enough about the relevant procedures of the Punjab government to say one way or another who the interim CM would be according to those rules.

According to the law, it should be Buzdar.

The previous CM continues to be the CM until a new one is elected, but the cabinet stands dissolved.

But in court Pervez Elahi agreed to Hamza Shehbaz for some reason, and PTI went with him. Even though the SC has said that the notification for Hamza Shehbaz stands null and void.

I commit a robbery, you go to court against me, the court says yes I did commit the robbery, but I get to keep the spoils. Where does this make sense?

They were demanding re-election of CM from LHC and their members were absent due to foreign trips. When LHC accepted their demand they went to SC to stop all this.

Rehn day bhai rehn day, teri mehrbani.

 

[RIP Pak LAW]

PTI just shot itself in the foot here.

No, I think PTI got better deal as compared to LHC verdict yesterday. SC clearly said that they will not remove Hamza as CM but rather than he will remain as caretaker CM with limited governing rights. It won't be that easy for Hamza to use police force against PTI members now who will be managing PTI Punjab by elections

 

[Jango]

No, I think PTI got better deal as compared to LHC verdict yesterday. SC clearly said that they will not remove Hamza as CM but rather than he will remain as caretaker CM with limited governing rights. It won't be that easy for Hamza to use police force against PTI members now who will be managing PTI Punjab by elections

As compared to the LHC, yes.

But still not totally how it should be according to the law.

Let's see what the detailed order says and what sort of curbs it puts on Hamza Shehbaz. I have heard that the cabinet will be dissolved, but we all know even without de jure authority, de facto, he is still controlling the Punjab bureaucracy.

 

[Imran Khan]

 

[AZ1]

https://twitter.com/x/status/1542863802143838210

buhaat bara zulm kardia imran khan ne lol

 

[VCheng]

I commit a robbery, you go to court against me, the court says yes I did commit the robbery, but I get to keep the spoils. Where does this make sense?

Well, apparently it made enough sense to the opposing parties in court, as you said:

But in court Pervez Elahi agreed to Hamza Shehbaz for some reason, and PTI went with him.

Can you please quote the actual legal basis for what you said below since I do not know enough about what the law says about interim CM given the above:

According to the law, it should be Buzdar.

The previous CM continues to be the CM until a new one is elected, but the cabinet stands dissolved.

 

[VCheng]

https://twitter.com/x/status/1542863802143838210

buhaat bara zulm kardia imran khan ne lol

The loss of sovereign international credibility is indeed a zulm by such reneging, the price for which is being paid now.

 

[Jango]

Can you please quote the actual legal basis for what you said below since I do not know enough about what the law says about interim CM given the above:

Article 133:

Chapter 3: "The Provincial Governments" of Part IV: "Provinces"

If you recall, when Buzdar resigned, he was still acting as CM without a cabinet, until a new CM was elected and sworn in. So technically, we should be at the same position because that election hasn't reached a conclusion.

Moreover, even when Imran Khan dissolved the assembly, for the short duration the assembly stood as dissolved, Imran Khan was the Prime Minister until a caretaker cabinet came into formation.

Aitzaz Ahsan was also speaking on ARY today and yesterday, following is yesterday's:

Following is an excerpt from the conclusion of the dissenting judge:

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

https://sys.lhc.gov.pk/appjudgments/2022LHC4704.pdf

Keyword here: "restored".

At the time of the original elections, Usman Buzdar was the Chief Minister of the province.

Tl;DR: When a CM or PM resigns from office, he continues to be the CM or PM until a new CM or PM has been elected by the house.

 

[Norwegian]

The loss of sovereign international credibility is indeed a zulm by such reneging, the price for which is being paid now.

Pakistan has never completely fulfilled the IMF program dictates. That's why it keeps ending back to its door from time to time. What Imran has done was no different. His first and foremost commitment is with the people of Pakistan not IMF

 

[VCheng]

Article 133:

Chapter 3: "The Provincial Governments" of Part IV: "Provinces"

So has the Governor asked CM Buzdar to "continue to hold office until his successor enters upon the office of Chief Minister"? Besides, if one reads #136(3): "If the resolution referred to in clause (1) is passed by a majority of the total membership of the Provincial Assembly, the Chief Minister shall cease to hold office" then one could assume that the previous CM has already ended his term, and now it is a question of how the succeeding CM is to be appointed.

I suspect that is why both PE and PTI teams agreed to the mechanism proposed by the court for July 22, subject to the clear confession that I do not know much about the legal aspects applicable here.

Pakistan has never completely fulfilled the IMF program dictates.

And that is why it also has no international sovereign credibility.

Please note that I did not limit my zulm comment to just the previous government, having highlighted the persistent reneging of its commitments to not just the IMF, but several other international bodies, over the years on PDF. My comment as posted above remains correct.