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PAKISTAN MUSLIM LEAGUE vs Sardar DOST MUHAMMAD MAZARI Rr — 2022 PLD 469 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PLD 469 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PLD
Parties
PAKISTAN MUSLIM LEAGUE vs Sardar DOST MUHAMMAD MAZARI Rr

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

PAKISTAN MUSLIM LEAGUE VS Sardar DOST MUHAMMAD MAZARI Rr. 2 (dd), 13 & 25---Constitution of Pakistan, Art. 130---Deputy Speaker---Jurisdiction---Election for Chief Minister---Presiding of Session---Question was with regard to presiding Session of Provincial Assembly to conduct election of Chief Minister---Appellants assailed jurisdiction of Deputy Speaker to preside such session instead wanted any member among Panel of Chairmen to preside the Session---Validity---Question relating to conduct of the Session of the Assembly through Panel of Chairmen could only had arisen when Speaker or Deputy Speaker were not present due to any reason---Speaker, Provincial Assembly was present but he could not preside over Session of the Assembly to be conducted, as he himself was candidate against the portfolio of Chief Minister---During presence of Deputy Speaker, matter could not be referred to Panel of Chairmen at the whims of appellants---On one hand appellants were of the view that High Court could not intrude into internal affairs of Assembly but on the other were pressing hard for passing an order in violation of Rules of Procedure of the Provincial Assembly of Punjab, 1997---Deputy Speaker, Provincial Assembly had right to preside over the Session of House scheduled to be held for election of Chief Minister---High Court directed Deputy Speaker to abide by his oath and to ensure conduct of elections for the portfolio of Chief Minister in a fair, transparent and impartial manner, strictly under the Constitution and Rules of Procedure of the Provincial Assembly of Punjab, 1997, specifically Second Schedule thereof (Procedure for Recording of Votes in the Case of Chief Minister), without being influenced by any proceedings before High Court---High Court further directed Deputy Speaker to facilitate National/International observers, media persons, representatives of PILDAT, FAFEN and other national/international organizations etc. during the election for the portfolio of Chief Minister---Intra Court Appeal was disposed of accordingly.

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