MUHAMMAD HAMZA SHAHBAZ SHARIF vs PROVINCE OF PUNJAB Rr — 2023 PLD 193 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD HAMZA SHAHBAZ SHARIF VS PROVINCE OF PUNJAB Rr. 17, 18, 20 & 25---Constitution of Pakistan, Arts. 53(3) & 130(3)---Deputy Speaker Provincial Assembly---Power to act as Speaker---Withdrawal of powers---Scope---Dispute was with regard to presiding over the session of Punjab Assembly by Deputy Speaker in which Speaker himself was contesting election of Chief Minister---Speaker withdrew powers of Deputy Speaker to act as Speaker so that he could not preside over the session---Validity---Speaker who was contesting election for the office of Chief Minister was unable to perform functions on the principle of propriety as well---By virtue of Art. 53 of Constitution, Deputy Speaker was rightly acting as a Speaker---When Art. 53 of the Constitution had entrusted all powers to Deputy Speaker in absence of Speaker, rules framed under the Constitution, which empowered Speaker to entrust his powers to Deputy Speaker by notifying it, did not mean absence of any such notification---By issuing any notification Speaker could not take away or curtail any power of Deputy Speaker to act as Speaker---Rules of Procedure of Provincial Assembly of the Punjab, 1997 were subservient to the Constitution---When Constitutional provisions itself entrusted all powers of Speaker to Deputy Speaker on account of his non-availability or dis-functioning, it did not demand from Speaker to notify in such regard---If Speaker had no right of issuing notification to entrust any power while exercising provisions of Rules of Procedure of the Provincial Assembly of the Punjab, 1997, then recalling or withdrawing of any power, which was otherwise within the domain of Deputy Speaker by virtue of Art. 53(3) of the Constitution, the same was un-Constitutional and unlawful---Any order issued by Speaker withholding of any power of Deputy Speaker for the purpose of session in question when Speaker was contesting candidate of Chief Minister himself, was unwarranted and against the Constitution---High Court directed that Deputy Speaker on the date fixed would proceed to elect Chief Minister in terms of Art. 130(3) of the Constitution read with R. 20 of Rules of Procedure of the Provincial Assembly of the Punjab, 1997, and all other enabling provisions and powers in such behalf---High Court further directed that Deputy Speaker and all other persons including Provincial Government were to act impartially, justly and fairly to ensure supremacy of the Constitution---High Court declared that order issued by Speaker whereby powers of Deputy Speaker in terms of R. 25 of Rules of Procedure of the Provincial Assembly of the Punjab, 1997, were withdrawn, was contrary to Art. 53(3) of the Constitution and the same was set aside---Constitutional petition was allowed accordingly.

MUHAMMAD HAMZA SHAHBAZ SHARIF vs PROVINCE OF PUNJAB Rr — 2023 PLD 193 LAHORE-HIGH-COURT-LAHORE

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