Muhabbat Shuja Rana
Democracy has become a game of numbers in today’s Pakistan. We see a hung Parliament at the federal and provincial level. The Provincial Assembly of the Punjab has seen a historical and sharp political divide since it came into being. Punjab has been hub of the mainstream political activity during the no-confidence motion against the former Prime Minister Imran Khan. After the resignation of former Chief Minister Punjab Sardar Usman Buzdar, a tug of war started between the majority party Pakistan Tehreek-e-Insaaf led by its political ally Speaker Punjab Assembly Chaudhary Parvez Elahi of Pakistan Muslim League (Quaid-e-Azam) and Pakistan Muslim League (Nawaz) along with its allies Pakistan People’s Party and others. The Punjab Assembly became center stage for the election of the new Chief Minister held on 16th April in light of the order of the Lahore High Court. The Deputy Speaker Punjab Assembly Sardar Dost Muhammad Mazari became presiding officer to conduct the election of the Chief Minister between the two candidates Speaker Chaudhary Parvez Elahi and Hamza Shehbaz Sharif of Pakistan Muslim League (N). After unprecedented hooliganism, violence between the legislators of both sides, the election of the CM was held. The Pakistan Tehreek-e-Insaaf and its candidate Parvez Elahi protested against intrusion of the police in the House and did not take part in the election process of division. The Deputy Speaker announced the result from the official gallery and declared that Hamza Shehbaz secured 197 votes of the members, including 25 defecting members of the PTI. Speaker Parvez Elahi sent a reference against 25 members of the PTI who cast their votes to Hamza Shehbaz Sharif against the direction of their parliamentary party head. The Election Commission of Pakistan later deseated and notified the disqualification of those 25 members of the PTI including five members who were elected on seats reserved for women and non-Muslims. The PTI later succeeded in getting five reserve seats from the Election Commission under Article 124(6) of the Constitution. The PML (N) filed an appeal against the direction of the High Court to the Election Commission for issuing notification about those five reserve seats. Three PTI women and two non-Muslims have taken oath and became assembly members from list of precedence.The Speaker and the PTI challenged the election of Chief Minister Hamza Shehbaz and his oath before the Speaker National Assembly Raja Pervaiz Ashraf. The Lahore High Court gave its decision on 30 June in which the court directed to hold session on 1st July to…”recount votes after excluding 25 votes of the defecting members. As a consequence, if required majority, under Article 130(4), is not secured by any candidate, he shall proceed for second and further polls under its provisos for completing the process of election as required under Article 130(4), unless a candidate is elected by majority votes…” The PTI led with Speaker went to the Supreme Court on 1st July to challenge the LHC’s decision. The Supreme Court has fixed 22 July for election of the Chief Minister after consulting the candidates and achieving agreement of the main political stakeholders. Speaker Parvez Elahi has also fixed 40th session of the assembly to be held on 22 July at assembly building for the second poll for election of Chief Minister in accordance with SC direction.It is evident that after the disqualification and deseating of 25 members of the PTI, the strength of the Punjab Assembly has been reduced to 346 from total of 371. The by-elections are going to be held on 17th July in 20 constituencies. The candidate for the election of the Chief Minister has to take majority of the total membership of the Assembly which is 186 under Article 130(4) of the Constitution which says “The Chief Minister shall be elected by the votes of the majority of the total membership of the Provincial Assembly: Provided that, if no member secures such majority in the first poll, a second poll shall be held between the members who secure the two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting shall be declared to have been elected as Chief Minister: Provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further polls shall be held between them until one of them secures a majority of votes of the members present and voting.” The Assembly session cannot be adjourned until the election of the CM, therefore, the second poll is expected to be held between the two candidates who have secured the highest votes in the first round in accordance with Rule 20(3) of the Rules of Procedure of Provincial Assembly of the Punjab 1997 which states that: “If no candidate secures the votes of the majority of the total membership of the Assembly in the first poll, the Speaker shall conduct a second poll between the candidates who secure the two highest numbers of votes in the first poll and shall declare the candidate who secures the majority of votes of the members present and voting to have been elected as Chief Minister.” Parvez Elahi’s supporting members did not cast their votes and his result was declared as zero.Hamza Shehbaz was the only candidate who secured the highest votes in the first poll on 16 April, and he may have to go into second poll on 22 July to get majority of the votes of the members present and voting, if he could not get the majic number of 186. It is interesting to note that PML (N) could have gone into second poll on 16th April as well in the Punjab Assembly without casting the votes of 25 defecting members and would have bagged Chief Ministership by the majority of votes of the members present and voting similar to the mode adopted at the federal level by keeping the defecting MNAs from voting for no confidence against former prime minister Imran Khan. The method of the election of the Chief Minister is different from that of the Prime Minister. If the PML (N) had utilised the second poll, it could have saved the 25 dissident MPAs of PTI from deseating. The PML (N)’s effort of getting votes of defecting members went in vain. The PML (N) was in a position on 16th April to save its skin by avoiding the 25 members from defecting and going into bi-elections as the option of going into second poll was equally available on that day. PML (N) only proved its claim of having the support of 197 members. It had the apprehension that its four members might have left the party after abstaining, and in that case only four votes from the defecting members could be utilised to get the simple majority in the second poll instead of all defecting 25 members. The question of abstaining under Article 63 A(b) could also not rise as the PTI had boycotted the election process that day. The defecting members should have to stay back especially the five PTI members on reserve seats. The PML(N) would have gained 172 votes instead of 197 in the first poll. Hamza Shahbaz should have opted for run-up poll to show majority of the members sitting and voting and saved PTI members from disqualification and deseating. It was only a contest of patience and instant strategy at that time. The PTI could have come back in the second poll but it had not the support of those five reserve members at that moment which it gets now. The PML (N) missed this political and procedural opportunity and also lost five reserve seats at present.In this situation the bi-elections on 20 PTI members’ general seats, have gained utmost importance for both the contestants for CM election. The results of the bi-elections will ultimately decide the fate of the provincial slot of Chief Ministership. Democracy is not only a design for making government, it is a social dynamism. Pakistan is not a western kind of democracy. We can’t make any law against the Islamic injunctions as laid down in the Holy Quran and Sunnah. We should follow democracy also for rule of law, social justice, economic prosperity and equal opportunities for all.
