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SC detailed verdict: CM Hamza, cabinet to serve in fiduciary capacity until July 22

MM News Staff by MM News Staff
July 2, 2022

ISLAMABAD: Supreme Court of Pakistan on Saturday issued detailed order regarding Chief Minister (CM) Punjab’s election on July 22 and directed the Election Commission of Pakistan (ECP) to notify members of vacant reserved seats. Punjab Chief Minister Hamza Shehbaz and his cabinet will continue holding their positions in the province until July 22, 2022, but only in a fiduciary capacity.

 This was directed in a detailed, 10-page written order issued by the Supreme Court (SC) on Saturday. The apex court had on Friday issued a short order to the effect and had stated that several details will be provided in the long order.

It said that the election for chief minister in Punjab will be held on July 22 at the Punjab Assembly building and the proceedings would be led by the deputy speaker.

The order read that during the first phase of voting, the votes of the members would be counted and if both candidates fail to get desired numbers then a recount would be held. It said that Hamza Shehbaz will run the province as chief minister until July 22 and he and his cabinet would ensure free and fair by-elections in the 20 constituencies.

The apex court also directed the Lahore High Court to decide on reserved seats within a week and soon after the decision, the ECP should issue a notification for the successful candidates.

During the apex court’s hearing yesterday, Pakistan Muslim League-Nawaz (PML-N) leader Hamza Shehbaz and Pakistan Muslim League-Quaid (PML-Q) leader Chaudhry Pervaiz Elahi have agreed on July 22 date for Punjab Chief Minister’s election.

Meanwhile, Hamza’s role a CM till election, the court ordered, “Till such time that the poll as directed above is held in accordance with the Constitution, Hamza Shehbaz Sharif has undertaken before the Court that he and his Cabinet shall exercise the powers and function their offices strictly in a fiduciary capacity as envisaged by the Constitution and the law to support the process of a by-election in the province to be conducted in a free, fair and transparent manner by the Election Commission of Pakistan.”

Also read: CM Punjab’s runoff election to take place on July 22, rules SC

The court said that the commitment by Hamza and the Punjab cabinet to act as trustees is meant to fulfil the duty of care to the citizens of Punjab, so that they are not deprived of due representation and governance and to avoid any constitutional vacuum, anomaly or complication.

“However, such entrustment shall continue only till July 22, 2022, when a second poll takes place in terms of Article 130(4) of the Constitution,” the order read.

“The speaker, Punjab Assembly has given a categorical assurance that all matters relating to the business of the Assembly shall be handled and dealt with peacefully, impartially and transparently within the Assembly Chambers and its relevant offices in accordance with the Constitution, the law and the rules,” it said, adding that all parties including Hamza had categorically assured and stated that a peaceful and congenial atmosphere will be maintained not only during the polls but also during proceedings in the provincial assembly held thereafter until the announcement of the result.

“We expect that such undertakings and assurances shall be honored and implemented,” the order read.

A three-member bench of the Supreme Court of Pakistan comprising Chief Justice Umar Ata Bandial Justice Ijaz ul Ahsan and Justice Jamal Mandokhel heard the petition.

The Supreme Court’s decision came after the former prime minister and Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan accepted Hamza Shehbaz as Punjab chief minister until reelection.

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