The Lahore High Court (LHC) resumed the Chief Minister Punjab’s petition against Governor Balighur Rehman’s de-notification for not taking a vote of confidence under Article 130 (7).
The ruling Pakistan Muslim League-Nawaz (PML-N) opposed Punjab Governor Balighur Rehman’s attempt to dissolve the provincial parliament to force the federal government to convene early elections.
Earlier today, The Lahore High Court (LHC) commenced hearing Punjab Chief Minister Pervaiz Elahi’s petition challenging Governor Balighur-de-notification Rehman’s on Wednesday.
Justices Abid Aziz Shaikh, Chaudhry Muhammad Iqbal, Tariq Saleem Sheikh, Asim Hafeez, and Muzamil Akhtar Shabir heard Elahi’s appeal.
Elahi’s counsel Barrister Ali Zafar said today that the governor could not ask CM to take trust because his rights are limited.
Justice Asim Hafeez noted that the governor could request an assembly vote of confidence for a chief minister.
“186 members should constantly support the chief minister.”
Justice Abid Aziz Shaikh noted that the vote of trust issue was unresolved during the hearing.
The governor’s counsel said, “This matter will only be settled once CM Pervaiz Elahi accepts the vote of confidence.” Elahi had plenty of time to do so after the previous hearing, but he didn’t.
Justice Shaikh then questioned Elahi’s lawyer, “How many days will you take the vote of confidence?” We’ll set a time and solve your problem.”
Last month, the governor denotified CM Pervaiz Elahi for neglecting to take a provincial assembly vote of confidence.
Punjab Governor Baligh-ur-Rehman declared Punjab CM Pervaiz Elahi and his cabinet constitutionally inactive on December 22 for not seeking the provincial assembly’s vote of confidence.
The Punjab governor said CM Pervaiz Elahi resigned because he failed to get the Vote of Confidence on time.
Chaudhry Pervaiz Elahi sued Punjab Governor Baligh-ur-Rehman the following day for denotifying him as chief minister.
Elahi filed a case through his lawyer, arguing that the Punjab government did not meet constitutional requirements and ordered a vote of confidence during the Punjab Assembly session.
The petition claimed the governor did not authorize an assembly session during the current session.
Pervaiz Elahi asked the high court to nullify the governor’s directive.
After postponing the governor’s denotification order, the Lahore High Court (LHC) reinstated Punjab Chief Minister Pervaiz Elahi and the provincial government at the prior hearing.
Barrister Ali Zafar, Nasr Ahmed, and Khalid Ishaq argued for Pervaiz Elahi, the federal government, and Governor Punjab.
After nullifying the governor’s denotification order, Punjab CM’s lawyer Ali Zafar asked the LHC bench for direction.
The LHC judge said that the court seeks balance to improve things. The judge wondered how interim relief could be provided without court assurances.
We’ll restore the cabinet if you promise not to abuse our order. Then, we can extend the time. How can we stop the constitutional assembly dissolution? However, we wish to avoid such situations.”
After CM’s lawyer submitted an affidavit promising not to dissolve the Punjab Assembly, the LHC adjourned for an hour.
After the court continued, Pervaiz Elahi submitted an affidavit promising not to advocate the Punjab governor to dissolve the provincial assembly.
In the early hours of December 23, 2022, the governor denotified CM Pervaiz Elahi for failing to take a vote of confidence from the provincial legislature in December 2021, per his instruction.
The Governor House announced around midnight that CM Elahi and the provincial cabinet had resigned. However, Elahi would stay under Article 133 of the Constitution until the provincial parliament chose a new chief minister.
The CM refused to seek a vote of confidence from the Punjab Assembly on Governor Balighur Rehman’s unconstitutional decree.
In the December 28, 2022’s judgment, the LHC reinstated the PML-Q leader and compelled the CM not to dissolve the provincial legislature until the January 111 hearing.
When hearing the Punjab government and others, the LHC stayed the notification after Elahi promised not to dissolve the legislature before the next hearing.
Last week, the speaker moved the provincial assembly session from January 11 to January 9, sparking wild speculation over whether Chief Minister Pervaiz Elahi will accept a vote of confidence.