Shahbaz eligibility for CM questioned

LAHORE-Winning of second Provincial Assembly seat by Shahbaz Sharif while holding already one in the Punjab Assembly has put a question mark on his eligibility to hold office of Chief Minister unless he takes oath of his second seat. Constitutional experts say a Constitutional provision had blocked Shahbaz Sharif's way to hold CM office for the time being because he became CM after winning election from PP-48. But after his election from PP-10 his PP- 48 seat has automatically vacated that led to vacation of office of CM as well the moment ECP had notified him as returned candidate from PP-10. The experts say Article 223(4) of the Constitution clearly mentions that if a member of either House (National Assembly or Senate) or of a Provincial Assembly becomes a candidate for a second seat which, then his first seat would become vacant as soon as he is elected to the second seat. They say the Constitution allows a candidate who has won more than one seat to hold the seat of his choice. But if a sitting member contests elections he would have to leave the first seat of the Assembly. The experts say speaker Punjab assembly is empowered to stop Shahbaz Sharif from attending Assembly proceedings until he takes oath from PP-10 and again becomes Chief Minister and seeks fresh vote of confidence from the Assembly. They say that the Cabinet members would also have to take oath again after CM vacates PP-48 and becomes CM on the basis of PP-10 seat. Shahbaz won election from PP-10 Rawalpindi unopposed on June 21 while he was notified as returned candidate from PP-48 on June 3. A Constitutional petition has also been moved in this regard in the Lahore High Court seeking instructions to restrain Shahbaz Sharif from working as Chief Minister of Punjab because he could not hold his first seat from PP-48 after his election from PP-10 Rawalpindi. The petitioner Shahid Orakzai, a freelance journalist, has challenged eligibility of Mian Shahbaz Sharif as Punjab Chief Minister. The petitioner contended that a member of Assembly whose seat is vacated under clause (4) of Article 223 cannot attend any meeting of the Assembly or meetings of its committees because he ceases to be member of the Assembly. The petitioner submitted that Mian Shahbaz Sharif was elected unopposed from PP-48 Bhakkar and he ceased to be the chief Minister Punjab and member Punjab Assembly on June 21 as a result of his second time unopposed election from another seat that is PP-10. The petitioner contends that a Chief Minster cannot retain his office after he vacates the seat on which he first became member of Assembly and Chief Minister afterwards. The petitioner submitted that Punjab Chief Minister was no more legal and Constitutional Chief Minister as he was neither member of the Punjab Assembly nor CM after losing his first seat PP-48 as per the elections rules and he will have to take oath again after notification of his success from PP-10. The petitioner said that on June 3 Shahbaz Sharif was formally notified as the returned candidate unopposed form PP-48 Bhakkar. The petitioner prayed that instructions be issued to Speaker Punjab Assembly to disallow Chief Minister Punjab to be member of the Punjab Assembly from PP-48 Bhakkar and bar him from attending the Assembly session. Amir Riaz