The Lahore High Court on Tuesday suspended the decision of a single bench which restored 72 Pakistan Tehreek-e-Insaf members of National Assembly.
On May 19, a single LHC bench had set aside the Election Commission of Pakistan’s (ECP) de-notification of 72 MNAs.
However, the division bench, headed by Justice Shahid Bilal Hassan, sought replies from the quarters concerned by June 21.
Justice Shahid Karim had restored the 72 MNAs with a direction to appear before the National Assembly speaker for withdrawing their resignations.
Subsequently, NA Secretary Tahir Hussain challenged this decision in the LHC where a division bench heard the matter in detail.
The petitioner contended that the judgment passed by the single bench was contrary to the law and facts of the case and had erred in the law while passing the impugned judgment and short order and had failed to consider the material available on record.
“That without prejudice to the grounds herein-after mentioned and also keeping in view the facts and circumstances of the case and appellant was not given a fair hearing by the learned single judge who rendered the impugned judgment and impugned short order. Even due process was not followed. Such impugned judgment is violative of Article 10-A of the Constitution of Islamic Republic of Pakistan.” He requested the court to set aside the LHC’s single bench order passed on May 19, 2023.
He said the resignations of 113 PTI MNAs were accepted through notifications issued on January 17, 20 and 22, 2023, on the verification of their signatures.
Then the matter was taken in the LHC by the PTI wherein a single bench on May, 19, 2023 – suspending the ECP’s notification – restored the 72 PTI MNAs.
He contended that the aforesaid LHC judgment was illegal without jurisdiction and arbitrary are liable to be set aside.
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