LAHORE: The Lahore High Court on Friday sustained objections of the registrar office and dismissed a ‘public interest’ petition by a citizen challenging the proposed dissolution of the Punjab Assembly by Chief Minister Chaudhry Parvez Elahi apparently on the instructions of PTI Chairman Imran Khan.

The office objected that the petitioner had no locus standi to agitate the matter nor he furnished an attested copy of the advice sent by the chief minister to the governor for the dissolution of the assembly.

Justice Shahid Karim took up the petition as an “objection case”, sustained the objections of the office and dismissed the petition. Petitioner Salman Khalid Cheema, also a lawyer, submitted through his counsel that it was apparent that the decision of the chief minister to dissolve the assembly was being dictated by the PTI chairman and was not his (CM) own independent view.

He said the dissolution of an assembly relates to a critical constitutional question as it involves the demolition of an important organ of the state. “And this is particularly crucial when the dissolution is carried out in a manner where public functionaries are acting in violation of their constitutionally mandated duties,” he added.

The petitioner argued that it was a settled law that the discretionary powers that vested in a public authority were to be exercised honestly and fairly and in a whimsical manner. He stated that the courts had repeatedly held that such discretion must be exercised with rational reasons. He alleged that the chief minister exercised his discretion on the dictation of a person who had no constitutional authority to take such a decision.

He argued that the dissolution of an assembly before the expiry of its constitutional term must be justified by definite reasons provided by the Constitution. He asked the court to prevent the dissolution of the provincial assembly on ‘arbitrary’ and ‘whimsical’ grounds.

Published in Dawn, January 14th, 2023

Opinion

Editorial

China security ties
Updated 14 Nov, 2024

China security ties

If China's security concerns aren't addressed satisfactorily, it may affect bilateral ties. CT cooperation should be pursued instead of having foreign forces here.
Steep price
14 Nov, 2024

Steep price

THE Hindu Kush-Himalayan region is in big trouble. A new study unveiled at the ongoing COP29 reveals that if high...
A high-cost plan
14 Nov, 2024

A high-cost plan

THE government has approved an expensive plan for FBR in the hope of tackling its deep-seated inefficiencies. The...
United stance
Updated 13 Nov, 2024

United stance

It would've been better if the OIC-Arab League summit had announced practical measures to punish Israel.
Unscheduled visit
13 Nov, 2024

Unscheduled visit

Unusual IMF visit shows the lender will closely watch implementation of programme goals to prevent it from derailing.
Bara’s businesswomen
13 Nov, 2024

Bara’s businesswomen

Bara’s brave women have proven that with the right support, societal barriers can be overcome.