The Lahore High Court on Wednesday resumed hearing on Punjab Chief Minister Pervaiz Elahi’s plea challenging Governor Balighur-Rehman’s order to de-notify him as Chief Minister.
A five-member bench headed by Justice Abid Aziz Shaikh, Justice Chaudhry Muhammad Iqbal, Justice Tariq Saleem Sheikh, Justice Asim Hafeez, and Justice Muzamil Akhtar Shabir heard Pervaiz Elahi’s plea.
Lahore High Court’s Justice Abid Aziz Sheikh remarked on Wednesday that the Governor can ask a chief minister to take a vote of confidence from the Assembly.
During today’s proceedings, Pervaiz Elahi’s lawyer Barrister Ali Zafar said that the governor cannot ask the Chief Minister to take a Vote of Confidence as his rights are limited.
At this Justice Asim Hafeez remarked that the Governor can ask a Chief Minister to take a vote of confidence from the Assembly.
“Chief Minister should always have the support of 186 members.”
Justice Abid Aziz Shaikh remarked that the vote of trust issue had not yet been solved.
“This issue will only be resolved once Chief Minister Pervaiz Elahi takes the vote of confidence,” the governor’s lawyers said, adding that Elahi had a lot of time to take the trust vote after the previous hearing but he did not do it.
At this, Justice Shaikh turned to Pervaiz Elahi’s lawyer and asked: “How many days will be suitable for you to take the vote of confidence? We will fix a time accordingly and your problem will be solved.”
Remember here one thing on 23 December 2022 Governor Punjab Balighur Rehman de-notified Punjab Chief Minister Parvez Elahi after he failed to take a vote of confidence from the provincial Assembly.
Issuing the orders Governor said “Since CM has refrained from obtaining the vote of confidence at the appointed day and time therefore he ceases to hold office. In the notification, the Governor mentioned that despite an order issued for the CM to take a vote of confidence, he did not follow suit.
In the notification issued by Governor Punjab it was meantion that, “I am satisfied that he does not command the confidence of the majority of the members of the Punjab Assembly and therefore ceases to hold his office with immediate effect,” the notification stated.
The notification also mentioned that the provincial cabinet stands dissolved and the chief minister will continue performing his duties until a new person is elected to office.
Pervaiz Elahi Pleaded LHC :
After this very next day Pervaiz Elhai moves to Lahore High Court Punjab Governor Baligh-ur-Rehman for denotifying him as Punjab’s chief minister.
The lawyer representing Pervaiz Elahi, pleaded with the LHC bench to give direction after nullifying the governor’s denotification order.
To this, the LHC judge remarked that the court wants to maintain a balance to make things better. The judge questioned how an interim relief would be granted if assurances are not being given to the court.
Ali Zafar argued that the court can order the government to bring the no-trust motion. The LHC judge rejected the option and remarked that the court wants to stop the misuse of the interim relief to the party.
In a petition, filed through his lawyer, Pervaiz Elahi, argued that the Punjab Governor did not fulfill the constitutional requirement and ordered a vote of confidence during the ongoing session of the Punjab Assembly.
The petition maintained the governor did not authorize to summon Assembly session when the current session was already underway. The LHC adjourned the hearing for an hour after ordering CM’s lawyer to submit an affidavit to give assurance to not dissolve the Punjab Assembly. After the submission of an affidavit, the LHC suspended the governor’s denotification order and restored Punjab CM Pervaiz Elahi and his cabinet.