ISLAMABAD: The Supreme Court of Pakistan on Saturday summoned Punjab Assembly Deputy Speaker Dost Muhammad Mazari as it heard a petition filed by the opposition's candidate, Chaudhry Pervaiz Elahi, challenging Mazari's rejection of 10 votes that led to Hamza Shahbaz's re-election as the chief minister.
Hours of drama followed the crucial election for the Punjab chief minister, which was held on the directions of the Supreme Court after 25 members of the opposition Pakistan Tehreek-e-Insaf (PTI) party were disqualified for violating party directives by voting for the rival candidate, Shahbaz, in an April election.
The opposition alliance, comprising former prime minister Imran Khan’s PTI and the Pakistan Muslim League-Quaid (PML-Q) parties, on Friday bagged 186 votes and the PML-N-led ruling coalition secured 179 votes in the house of 371.
But Deputy Speaker Mazari rejected 10 crucial votes of PML-Q lawmakers for violating the directives of the party head, Chaudhry Shujaat Hussain, who had asked PML-Q members to vote for Shahbaz and not for Elahi, his cousin brother and the opposition's nominee.
On Saturday, a three-member bench, comprising Chief Justice of Pakistan Umar Ata Bandial, Justice Ijazul Ahsan and Justice Munib Akhtar, directed Mazari to submit complete record of Friday’s re-election, Dawn news website reported.
"The court had also asked him (Mazari) to specify the paragraph in its opinion on Article 63-A on which he had based his ruling in the CM election," the report read.
The court had summoned Mazari at 2:30pm, but instead his lawyer attended the hearing that is currently being held at the Supreme Court’s Lahore registry, according to the report.
In a unanimous decision in May, Election Commission of Pakistan (ECP) members had said the PTI dissidents were being de-seated for defecting from the party under Article 63-A of the constitution. The Supreme Court of Pakistan, in its interpretation of Article 63-A, has said votes cast against the party direction “cannot be counted and must be disregarded.”
According to Article 63-A of the constitution, a parliamentarian can be disqualified on grounds of defection if he or she “votes or abstains from voting in the House contrary to any direction issued by the parliamentary party to which he belongs, in relation to election of the prime minister or chief minister; or a vote of confidence or a vote of no-confidence; or a money bill or a Constitution (amendment) bill.”
The Supreme Court bench has also served notices to CM Shahbaz, Attorney General Ashtar Ausaf, Punjab advocate general and the chief secretary.
Mazari's ruling came as a shock to the PML-Q and Khan's PTI party, which had defeated the ruling PML-N in Sunday’s by-elections and won 15 out of 20 Punjab Assembly seats. The other five members disqualified by the election commission had been elected on reserved seats for women and minorities.
In his response to Friday's developments, ex-PM Khan also urged his supporters to stage peaceful protests against the ruling.
“I am telling you all today you have to do peaceful protests. Register your protest today so that they know the Pakistani nation is alive,” he said. “Tell them you won’t let these dacoits steal the mandate of the people.”