Chaudhry PARVEZ ELAHI vs DEPUTY SPEAKER, PROVINCIAL ASSEMBLY OF PUNJAB, LAHORE arts — 2022 PLD 678 SUPREME-COURT

Case information

Citation: 2022 PLD 678 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: PLD
Parties: Chaudhry PARVEZ ELAHI vs DEPUTY SPEAKER, PROVINCIAL ASSEMBLY OF PUNJAB, LAHORE arts
Subject matter: Constitutional

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

Chaudhry PARVEZ ELAHI VS DEPUTY SPEAKER, PROVINCIAL ASSEMBLY OF PUNJAB, LAHORE arts. 63a(1)(b), 130(4) & 184(3)---Runoff election for the post of Provincial Chief Minister---Deputy Speaker of Provincial assembly by relying on short judgment of the Supreme Court reported as Supreme Court Bar association of Pakistan v. Federation of Pakistan (PLD 2022 SC 488) read with article 63a(1)(b) of the Constitution gave a ruling to exclude ten votes cast in favour of one of the candidates on the basis that they were cast against the direction of the Party Head---Constitutionality---Understanding and implementation of the short judgment of the Supreme Court reported as Supreme Court Bar association of Pakistan v. Federation of Pakistan (PLD 2022 SC 488) as well as the provisions of article 63a(1)(b) of the Constitution by the Deputy Speaker, Provincial assembly was patently incorrect and erroneous and could not be sustained---Governance of the Province in accordance with the Constitution had been subverted whereby the fundamental rights of the people had been seriously infringed---Supreme Court set aside the impugned ruling issued by the Deputy Speaker of Provincial assembly and declared the same to be void, without lawful authority and of no legal effect---Consequently, having admittedly secured 186 votes as against 179 votes obtained by respondent-candidate in the runoff election of Provincial Chief Minister, the petitioner-candidate was declared as the duly elected Chief Minister.

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