LAHORE: A full bench of the Lahore High Court (LHC) on Friday suspended the notification of Governor Punjab and reinstated the provincial cabinet with Chaudhry Pervez Elahi as Chief Minister Punjab after he assured the court that he would not dissolve the Punjab Assembly.
The court took the undertaking from Pervez Elahi in writing that he would not dissolve the assembly as it could deepen the ongoing political turmoil in the province, and issued notices to all the parties and sought replies from the respondents by January 11.
The court took two breaks enabling the Elahi’s counsel Barrister Ali Zafar to consult his client on the undertaking of not dissolving the assembly until he obtained a vote of confidence from the house. Governor Balighur Rehman’s lawyer argued that the Governor would withdraw his notification regarding removal of Elahi provided that the court restrains the CM not to dissolve the assembly.
Justice Asim Hafeez remarked that the Article 130 of the Constitution of Pakistan barred the court from halting the CM to dissolve the assembly after the court conceded to the governor’s offer. “You must submit your undertaking in writing as we have to find a common ground for both parties,” Justice Asim added.
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Earlier, Elahi’s counsel contended that a chief minister is elected by an assembly and can be removed via a vote of no-confidence. The second process is to ask the chief minister to take a vote of confidence. He said if the Governor feels that the chief minister has lost his majority, then a session can be called for the said purpose.
“If the PTI says that it is not with the chief minister then it can be said that Elahi has lost the majority but the governor cannot ask the CM to take a vote of confidence in two hours,” Ali Zafar added.
At this point, Justice Abid Aziz Sheikh interjected and remarked that there has been no voting, adding that if the PML-Q and the PTI have the majority then there is no issue and a time can be given. He said for a no-confidence all members need to be sent a notice and added that some lawmakers are abroad, so the speaker can give 10 days of notice.
A bench member Justice Tariq Saleem Sheikh said, “It is also possible that the speaker holds voting, immediately”. It is not necessary to give a 10-day notice, he added. At this, Elahi’s counsel told the judge that the whole process of summoning the assembly session is between the governor and the speaker. Setting a date is the prerogative of the speaker, he added.
The counsel contended that there was disagreement between the governor and the speaker on calling the meeting. The court asked that if a timeframe of three to seven days could be given for a vote of no-confidence, “then why not for a vote of confidence”. Ali Zafar replied in affirmative on a court’s query that summoning the session is speaker’s prerogative. He elaborated that if the speaker sets a day for the vote of confidence and the chief minister refused to attend it, only then the governor could pass the orders. Justice Sheikh said how it is the prerogative of the speaker when the law used the word ‘secretary’. Zafar said that Rule 24 states that the speaker convenes and adjourns the session. Justice Sheikh said the question is about an appropriate timeframe. “According to the constitution, the governor can summon a session.”
“The governor cannot say that the chief minister did not take the vote of confidence. When there was no session, how the CM could have taken the vote of confidence,” asked Zafar. Justice Sheikh observed, “If the governor has called for a vote of confidence, his orders should have been implemented”. The judge also pointed out that the governor had instructed Elahi to stay in office until a new chief minister was elected.
Copyright Business Recorder, 2022
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