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 petitioner-candidate on the basis that they were cast against the direction of the Party Head---Petitioner-candidate filed present Constitutional petition challenging the ruling of Deputy Speaker---Maintainability---Ruling of the Deputy Speaker prevented the petitioner, who was a joint candidate of two political parties, from forming the Government in the Province of Punjab, and becoming the Chief Minister, as a result of which prima facie article 17(2) of the Constitution stood violated---Ruling of the Deputy Speaker allowed the respondent candidate to form the Government in Punjab even though he did not command the requisite majority in the Provincial assembly---Said ruling therefore allegedly deprived the people of province of their fundamental right to be governed by a constitutional Parliamentary Government in violation of the rule of law thereby causing a constitutional violation and turmoil in the Province that affected its electorate---as such a large section of the public was deprived of their fundamental right on account of the impugned ruling given by the Deputy Speaker, the same naturally raises questions of public importance---Consequently, the present Constitutional petition satisfies the two-fold test of article 184(3) of the Constitution and is maintainable.

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

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