Punjab governor can't refuse to administer oath to CM-elect, warns secretary

• Principal secretary tells Sarfraz Cheema that declining oath to newly elected CM is a constitutional violation.
• Says no power was vested in governor under Constitution or any law to set aside election.
• Says assembly secretary’s report had been found one-sided, biased and politically motivated.

LAHORE: Punjab’s governor cannot refuse to administer the oath to an elected chief minister under any circumstances, the principal secretary to the governor told Omer Sarfraz Cheema after he decided to delay Hamza Shahbaz's swearing-in ceremony a day earlier.

Warning Punjab Governor Cheema against declining oath to the CM-elect, the principal secretary said that the move would be a constitutional violation.

Hamza, who got elected with 197 votes — beating PTI's candidate Chaudhry Parvez Elahi — was supposed to be sworn in as the Punjab CM on Sunday until PTI-backed Cheema abruptly postponed the oath-taking ceremony, citing the Punjab Assembly secretary’s report, the Lahore High Court’s instructions and the "facts presented to him."

However, a letter issued by the principal secretary stated that the governor has no power vested under the Constitution or any law that authorises him to disregard the election under any circumstances.

“The Punjab Assembly secretary had in all probability rendered himself liable to contempt proceedings for a completely illegal report that smacks of mala fide,” read the letter.

The secretary told the governor that the assembly secretary’s report had been found one-sided, biased and politically motivated.

“I have no power under any provision of the Constitution, the law or the Rules of the Punjab Assembly 1997 to call into question the declaration of the result by the deputy speaker, who is duly authorised by the Lahore High Court to conduct the election for the office of the chief minister,” he added.

The PA secretary had already been suspended by the deputy speaker and his entry into the House has been banned, the letter added.

Oath-taking ceremony postponed

On Sunday, Punjab Governor Omar Sarfraz Cheema had “postponed” the oath-taking ceremony of CM-elect Hamza Shehbaz as he ruled his election controversial due to the ruckus that took place in the assembly a day earlier.

Cheema, in a press conference, had condemned the violence that took place in the Punjab Assembly on Saturday and said that such incidents set a very wrong precedent.

“I am a political worker and have fought elections. This a very wrong precedent being set,” the governor had said.

The Punjab governor had accused the CM-elect of using “state power” on the polling day against his rival the PTI and PML-Q.

“I believe if Hamza Shehbaz had enough votes, then he should not have made the election controversial like this,” said Cheema.

The governor had also questioned whether the election for the Punjab chief minister was conducted as per the directives of the LHC and said that he had summoned a report from the secretary of the Punjab Assembly related to the ruckus and violence that took place during the session.