In the 2018 election, 11 of these seats were won by Independents, 8 were won by candidates on the PTI-ticket, and 1 by a PML(N) candidate; the 11 independents all subsequently joined the PTI and the PML(N) seat was won by the PTI in a December 2018 by-election. The by-elections were triggered after these 20 PTI MPAs voted in favor of the opposition candidate belonging to the PML(N), Hamza Shahbaz, to become the Chief Minister of Punjab, which, according to the Supreme Court and the Election Commission of Pakistan, violated Article 63-A of the Constitution of Pakistan which concerns party defections.
During a political crisis in Pakistan after the successful no-confidence motion against Prime Minister Imran Khan, another motion of no confidence was filed against Chief MinisterUsman Buzdar, as well as against Chaudhry Pervaiz Elahi and Dost Muhammad Mazari, the Speaker and Deputy Speaker of the Provincial Assembly, respectively. Buzdar resigned before a vote on the motion of no confidence could be held and as a consequence, an election for a new Chief Minister was scheduled on 16 April between PML(N)'s Hamza Shahbaz, the joint candidate of the Pakistan Democratic Movement, and PML(Q)'s Chaudhry Pervaiz Elahi, the joint candidate of his party and PTI. On the day of the election, 25 PTI MPAs crossed the floor to support Shahbaz, violating party policy. During the very beginning of the Assembly session on 16 April, a riot began between PTI and PML-N supporters. PTI MPAs threw ewers at the Deputy Speaker, as well as slapping him. The police entered the Assembly for the first time in its history and arrested 3 MPAs.[3] The Deputy Speaker then presided over the Assembly session in the visitors gallery and declared Shahbaz the winner by securing 197 votes.[4]
After the floor crossing, the Election Commission of Pakistan (ECP) de-seated 25 dissident PTI MPAs for defection in the light of Article 63-A of the Constitution of the Islamic Republic of Pakistan on 20 May 2022.[5] Five of these MPAs were elected on reserved seats (three for women and two for minorities) and new PTI MPAs were notified on these seats on 7 July.[6]
The ECP announced on 25 May 2022 that the by-elections would be held on 17 July 2022.[7] The government held 177 seats in the assembly. This included 165 PML(N) MPAs, 7 PPP MPAs, 1 PRHP MPA, and 4 independent MPAs. Therefore, they needed to win 9 seats to gain a majority in the assembly. On the other hand, the opposition held 173 seats. This included 163 PTI MPAs and 10 PML(Q) MPAs. Therefore, they needed to win 13 seats to gain a majority in the assembly.
The nominations of 175 candidates were accepted from across Punjab and they contested in these by-elections. 3,131 Polling Stations were created in 20 Constituencies out of which 731 were for men, 700 for women, and 1700 were combined polling stations. The ECP declared 1304 polling stations sensitive and 690 highly sensitive. All polling stations from the 4 constituencies of Lahore and the constituency of Multan were declared sensitive.[12]
In the aftermath of the by-election, it was claimed that PTI MPA from PP-257 (Rahim Yar Khan-II), Chaudhry Masood Ahmad had become a turncoat after his loyalty was allegedly bought, whereafter he soon fled to Turkey.[14] Allegations of rigging were also put forward by PTI in the PP-7 (Rawalpindi-II) constituency, where the PML(N) candidate emerged as the victor with a margin of 49 votes.[15] A plea for a recount was also presented, which was subsequently rejected by the ECP.[16] 2 PML(N) MPAs, Faisal Niazi from PP-209 (Khanewal-VII) and Jaleel Ahmed Sharaqpuri from PP-139 (Sheikhupura-V), also resigned from their seats before the election for Chief Minister.[17][18]
The election for Chief Minister took place on 22 July 2022 among members of the Provincial Assembly.[19] Controversially, the votes of ten PML(Q) MPAs were rejected by Deputy Speaker Dost Muhammad Mazari, citing an interpretation of Article 63A of the Constitution and a letter from the leader Shujaat Hussain stating he had "issued directions to all my provincial members to cast their votes in favour of Muhammad Hamza Shahbaz Sharif". This resulted in a majority of valid votes, 179, for Hamza Shahbaz to Pervaiz Elahi's 176. Article 63A states:
63A.
(1) If a member of a Parliamentary Party composed of a single political party in a House—
(a) resigns from membership of his political party or joins
another Parliamentary party; or
(b) votes or abstains from voting in the House contrary to any
direction issued by the Parliamentary Party to which he
belongs, in relation to—
(i) election of the Prime Minister or the Chief Minister; or
(ii) a vote of confidence or a vote of no-confidence; or
(iii) a Money Bill or a Constitution (Amendment) Bill;
he may be declared in writing by the Party Head to have defected from the
political party, and the Party Head may forward a copy of the declaration
to the Presiding Officer and the Chief Election Commissioner and shall
similarly forward a copy thereof to the member concerned :
Provided that before making the declaration, the Party Head shall
provide such member with an opportunity to show cause as to why such
declaration may not be made against him.
Explanation―Party Head means any person, by whatever name
called, declared as such by the Party.
(2) A member of a House shall be deemed to be a member of a Parliamentary Party if he, having been elected as a candidate or nominee of a political party which constitutes the Parliamentary Party in the House or, having been elected otherwise than as a candidate or nominee of a political party, has become a member of such Parliamentary Party after such election by means of a declaration in writing.
The PTI filed a petition with the Supreme Court of Pakistan, stating that as PML(Q) leader Hussain was not a member of the Punjab Assembly, he did not have the authority to make the decision to back Shahbaz under section 2 of the constitutional article cited, as only the Parliamentary Party has the authority to decide which candidate its members are to vote for.[20][21] Additionally, under a 17 May Supreme Court ruling, although defecting lawmakers' votes will not be counted for purposes of voting in Article 63A, section 1, subsection b,[22] none of the 10 PML(Q) members had been deemed to have defected, as that would have required a letter stating as such from the leader, which was Shujaat Hussain. As a consequence of the court proceedings, Shahbaz was made a “trustee Chief Minister” until the three-judge bench of Chief JusticeUmar Ata Bandial, Justice Munib Akhtar, and Justice Ijaz-ul-Ahsan, could reach a decision.
^Although Elahi was a part of the PML(Q), the majority of his support in the assembly was from the PTI, and all the 20 candidates nominated by the PTI-PML(Q) alliance in the constituencies were also members of the PTI.
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