The Lahore High Court (LHC) Wednesday directed Punjab Governor Omar Sarfaraz Cheema to administer the oath of office to chief minister-elect Hamza Shehbaz either personally or appoint a nominee for the constitutional duty by Thursday (tomorrow).
Chief Justice Muhammad Ameer Bhatti announced the verdict, a short order, on a petition moved by Shehbaz requesting the high court to direct the Senate chairman or another suitable official to administer the oath instead of Governor Cheema.
The Pakistan Muslim League-Nawaz (PML-N) vice president was elected as Punjab’s new chief minister on April 16, after a chaotic session of the Punjab Assembly where legislators of the Pakistan Tehreek-i-Insaf (PTI) and Pakistan Muslim League-Quaid (PML-Q) scuffled with one another.
Shehbaz polled 197 votes — including from 24 PTI dissidents, two independents and the lone Rah-i-Haq Party lawmaker — while his opponent, Speaker Chaudhry Pervaiz Elahi, failed to secure a single vote from the assembly.
PTI and PML-Q lawmakers had boycotted the voting process after the ruckus.
Now, despite the passage of almost two weeks, Shehbaz has yet to be sworn into office because the governor and President Arif Alvi have delayed the proceedings, observing the election was in contrast with “all democratic norms and constitutional provisions.”
The governor has sought to claim the election was “unconstitutional,” while the president has thus far resisted calls to nominate the Senate chairman to administer the oath.
The court order read: “It is, therefore, concluded that all the enabling provisions/Articles of the Constitution of Islamic Republic of Pakistan, 1973, suggest the prompt formation of Governments, i.e. Provincial and Federal.
“For that matter, expeditious administration of oath either by President or by Governor or their nominee, as the case may be, is mandatory; as all expected reasons/options causing delay are excluded/procured by suggesting/providing an alternate mechanism and I do not find any vacuum or space in the Constitution for causing any delay in the administration of oath required under Constitution.”
The judge, who has refused to take action on the crossing of the floor by PTI MPs, added that the province is being operated without a regular government for the last 25 days, since the acceptance of the resignation of the then-chief minister Usman Buzdar.
“On the other hand, the oath of Shahbaz is being delayed on one pretext or the other which is not only against democratic norms but also against the scheme of the Constitution,” he insisted.
“That being the case, it is suggested/advised/proposed that Governor shall ensure the completion of the process of administration of the oath of Chief Minister Punjab, either himself or through his nominee, in terms of Article 255 of the Constitution, on or before 28.04.2022,” it added.
Justice Bhatti further maintained that President Alvi, “who is also under constitutional obligation to facilitate the expeditious administration of the oath of prime minister or chief minister in any province”, is suggested to play his role mandated by the Constitution, ensuring a functional provincial government in Punjab.
“The office of this Court is directed to transmit this order through fax immediately to the offices of the Governor and President for its placement before them, today.”
