Petition against resignation of Buzdar withdrawn from high court

Lahore: The Lahore High Court Chief Justice Muhammad Ameer Bhatti on Thursday dismissed a withdrawn petition challenging the acceptance of resignation of former chief minister Usman Buzdar by the then Punjab governor Muhammad Sarwar.

A citizen, Tanvir Sarwar, filed the petition saying the former chief minister’s resignation was not in accordance with the constitution.

He said the former chief minister addressed his resignation to the prime minister instead of the governor as required by the constitution and under Article 130(8) of the constitution, the outgoing chief minister should write the resignation under his hand but Buzdar signed a typed resignation.

During the hearing, the court expressed strong displeasure over the petitioner’s lawyer. “Why the petition was filed when you are not an aggrieved person?” the chief justice asked him.

“If the one whose resignation was accepted does not have a problem, then what is your problem? You have made a mockery of the courts. You people always talk about democracy but don’t have the slightest patience. Is it democracy?” the chief justice remarked angrily.

The petitioner said the prime minister later forwarded the resignation of Buzdar to then-governor Muhammad Sarwar who finally accepted the same.

The constitution also says the chief minister should address the governor in his resignation in his own handwriting.

But if the chief minister is illiterate, and does not know how to write by hand, then will his resignation not be accepted? the chief justice questioned.

The petitioner contended that the acceptance of an unconstitutional resignation of the chief minister by the government was itself an unconstitutional act.

He said since the resignation of the former chief minister was not a valid one, all the subsequent actions including the election of Hamza Shehbaz as the new chief minister of the province were also unconstitutional.

The petitioner asked the court to set aside the acceptance of Buzdar’s resignation by the then-governor for being illegal and restore him as the chief minister of Punjab. He also asked the court to restrain Hamza Shehbaz from functioning as the chief minister.

The petitioner’s lawyer said he filed the petition as a student of law, however, he sought the court’s permission to withdraw it which was allowed.