Punjab Governor Balighur Rehman has taken back his order to de-notify Pervaiz Elahi as the chief minister after he managed to secure the confidence of 186 members in the Punjab Assembly.
A five-member bench of the Lahore High Court comprising Justice Abid Aziz Shaikh, Justice Chaudhry Muhammad Iqbal, Justice Tariq Saleem Sheikh, Justice Asim Hafeez, and Justice Muzamil Akhtar Shabir heard the case.
During today’s proceedings, Elahi’s lawyer Barrister Ali Zafar informed the bench that his client had taken the vote of confidence from the Punjab Assembly.
Governor Punjab’s lawyer also confirmed to the bench that the chief minister had taken the vote of confidence. In the replay, Lahore Court Judge Justice Abid inquired whether the Punjab governor was satisfied with the vote of confidence.
The Governor’s lawyer urged the bench to make the Punjab Assembly proceedings part of the court’s record.
At this Point Justice Asim Hafeez also inquired what the situation would be if the governor issued another notification.
“Governor’s notification was not legal,” insisted Zafar. To that, Justice Abid remarked that the issue regarding the vote of confidence had been settled.
“The floor test has been completed […] does this means that the matter has been resolved now,” Justice Shaikh inquired.
At one point during the hearing, Justice Shaikh inquired how many days would be ideal to carry out a no-confidence vote.
In Replay, Pervaiz Elahi’s lawyer said that the governor should provide an ideal period of 14 days or seven-day notice at the least.
At that, Justice Hafeez observed that a session could be called on a holiday as well.
Justice Shaikh maintained that the court only had to see whether the time given by the governor to hold a confidence vote was correct or not.
After which the hearing was adjourned for a break.
After Break The hearing was resumed once again, and the Punjab governor’s lawyer informed the LHC bench that his client has conformed the CM Pervaiz Elahi’s vote of confidence and withdrawn his de-notification order.
The lawyer told the Lahore High Court bench that the “Governor has taken back the de-notification order”
Justice Abid after hearing passed remarks and said “The issue has been resolved in the assembly which is a good thing. Everything has happened according to the law and constitution”
Meanwhile, Justice Hafeez remarked that he would be giving an additional note in the verdict.
After which the bench disposed of CM Elahi’s petition.
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.
Yesterday in Lahore High Court Proceedings 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.
After which Court adjourned till Thursday.
Punjab Assembly Session :
Yesterday after Lahore High Court Proceedings In a surprise move by Pakistan Tehreek-e-Insaf (PTI) and its allies, Punjab Chief Minister Pervaiz Elahi decided to obtain a vote of confidence from the provincial Assembly.
The Punjab Assembly’s session was chaired by Speaker Sibtain Khan. According to Sources the PTI government made a surprise move and decided to take the vote of confidence for the Punjab CM Pervaiz Elahi.
PTI Vice President Fawad Chaudhry said in a Twitter message that PTI and its allies completed the number of 187 lawmakers in the Punjab Assembly ahead of the vote of confidence.
Pervaiz Elahi Vote of Confidence :
After the dramatic session finally vote of confidence session take place. Punjab Assembly Speaker Sibtain Khan chaired the session in which PTI leader and Member Punjab Assembly Mian Aslam Iqbal tabled a resolution expressing confidence in the Chief Minister.
Speaker Punjab Assembly Sibtain Khan announced that Punjab CM Pervaiz Elahi successfully took the vote of confidence. Parvaiz Elahi once again won the vote of confidence in the Punjab Assembly.
The voting process to show confidence in Punjab Chief Minister (CM) Pervaiz Elahi has concluded in the provincial assembly. CM Pervaiz Elahi took the trust vote from 186 MPAs. Speaker Punjab Assembly Sibtain Khan announced that Punjab CM Pervaiz Elahi successfully took the vote of confidence.
Pakistan Tehreek-e-Insaf (PTI) leader and former federal minister Fawad Chaudhry has said that the dissolution of the Punjab and Khyber Pakhtunkhwa assemblies is expected to take place tomorrow barring any legal obstacles.
Addressing media in Lahore, following the successful vote of confidence by CM Pervaiz Elahi, he said Punjab CM got the required 186 votes.
Criticizing PML-N leaders for boycotting assembly proceedings he said that they should have participated in the vote of confidence proceedings but they chose to flee.