Chaudhary PARVEZ ELAHI vs DEPUTY SPEAKER, PROVINCIAL ASSEMBLY OF PUNJAB, LAHORE arts

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Chaudhary 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---Language of article 63a of the Constitution is manifestly clear that the vote cannot be cast contrary to any direction issued by the Parliamentary Party---article 63a(1)(b) excludes the Party Head from being the decisive person/authority that issues the direction on how to vote---Supreme Court in the (detailed) judgment reported as Supreme Court Bar association of Pakistan v. Federation of Pakistan (PLD 2023 SC 42) did not recognise the Party Head as the competent authority under article 63a(1)(b) of the Constitution to issue a direction to members of the Parliamentary Party on how to vote---Deputy Speaker's reliance on the language of article 63a(1)(b) of the Constitution and the short order reported as Supreme Court Bar association of Pakistan vs. Federation of Pakistan (PLD 2022 SC 488) to discard the 10 votes cast by the members of a political party on the direction of the Party Head was erroneous since the said direction was issued by an unauthorised person namely, the Party Head contrary to the express language of article 63a(1)(b)---Consequently, on account of the inclusion of the 10 votes, the petitioner having secured 186 votes as opposed to the respondent candidate's 179 votes was declared the duly elected Chief Minister, and the Provincial Governor was directed to administer oath of office to the petitioner and on his failure to do so the President may administer such oath to the petitioner---Constitutional petition was allowed accordingly.

Chaudhary PARVEZ ELAHI vs DEPUTY SPEAKER, PROVINCIAL ASSEMBLY OF PUNJAB, LAHORE arts — 2023 PLD 539 SUPREME-COURT

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