LAHORE: Saif ul-Malook Khokhar, a lawmaker of Pakistan Muslim League-Nawaz (PML-N) who lost the election for the coveted post of Punjab Assembly speaker to a ruling candidate, moved Lahore High Court (LHC) against the vote, claiming it was held in an “illegal” and “unconstitutional manner”.
Khokhar, a joint candidate of the multi-party Pakistan Democratic Movement (PDM) alliance, was defeated by Sardar Sibtain Khan, MP for Pakistan Tehreek-i-Insaf (PTI) from the Mianwali-IV constituency, who was elected 21st speaker of the provincial legislative assembly in a heated election on Friday.
Khan secured the seat with 185 votes against 175 polled for Khokhar. Of the 364 votes cast, four were rejected — three of the opposition and one of the PTI.
The polling proceeded largely smoothly, but was marred by the PML-N accusing the government of trying to trace ballots — violating the secrecy of the vote — by printing serial numbers on them.
Similarly, PML-N’s Khalil Tahir Sindhu raised a point of objection related to the position of the polling booth, saying cameras were installed above it. After his objection, the location of the polling booth was changed.
The seat was vacated after Chaudhry Pervaiz Elahi of the Pakistan Muslim League-Quaid (PML-Q) was elected the chief minister earlier this week.
“The ballot papers and counterfoils were serial numbered in such a manner that a choice exercised by each MPA could be identified by comparing the serial number on the ballot paper and serial number and signatures of MPAs on the counterfoils of the ballot papers. As a result, the secrecy of the ballot could easily be breached,” Khokhar contended in his petition.
“That non-holding of the election of the speaker through a secret ballot is blatantly unconstitutional, illegal and without jurisdiction,” the petition read.
He further pointed out that under the Constitution and Rules of Procedure of the Provincial Assembly of the Punjab, 1997, the governor was to decide the date for the speaker’s election after the position fell vacant.
“It is the prerogative of the governor to fix a date for the election of a new speaker if the assembly is in session, as soon as possible during that session, and if the assembly is not in session, at the commencement of the next session,” his petition stated.
Instead, he said, permission was sought to move a resolution for suspending the relevant assembly rules, especially the governor’s powers to summon a session for the speaker’s election, in the house the panel of chairmen — whose members presides over proceedings in the absence of the speaker and deputy speaker — granted the permission.
Highlighting the panel of chairmen was from the treasury benches, Khokhar said the resolution for suspending the assembly rules was then “quickly” adopted by treasury members.
On these grounds, Khokhar urged the court to declare the speaker’s election “void” and issue directives for holding the poll, “strictly in accordance with the provisions of Article 226 of the Constitution”.
He further prayed the court to restrain Sibatin from “exercising powers and functions of the speaker” during the pendency of his petition.
