Punjab governor withdraws Pervaiz Elahi’s de-notification order, LHC informed

LAHORE: The Lahore High Court (LHC) was told on Thursday that 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, ARY News reported.

A five-member bench 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.

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— ARY NEWS (@ARYNEWSOFFICIAL) January 12, 2023

The Punjab governor’s counsel also confirmed to the bench that the chief minister had taken the vote of confidence.

At this, Justice Abid inquired whether the Punjab governor was satisfied with the vote of confidence?

The governor’s lawyer urged the bench to make the assembly proceedings part of the court’s record.

At this, 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.

To this, 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.

At that, 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.

Subsequently, the hearing was adjourned for a break.

Once the hearing resumed, the Punjab governor’s lawyer informed the LHC bench that his client has conformed the CM Elahi’s vote of confidence and withdrawn his de-notification order.

“Governor has taken back the de-notification order,” the lawyer told LHC bench.

“The issue has been resolved in the assembly which is a good thing. Everything has happened according to the law and constitution,” remarked Justice Abid after hearing the governor’s lawyer.

Meanwhile, Justice Hafeez remarked that he would be giving an additional note in the verdict.

The bench then disposed of CM Elahi’s petition.

Last month, the governor had de-notified CM Pervaiz Elahi in the wee hours of December 23, 2022, for failing to take a vote of confidence from the provincial assembly.

In his order dated Dec 22, the Punjab Governor Baligh-ur-Rehman stated that Punjab CM Pervaiz Elahi and his cabinet were constitutionally made inactive for not seeking the vote of confidence from the provincial assembly.

The Punjab governor stated said since CM Pervaiz Elahi had refrained from obtaining the Vote of Confidence at the appointed day and time therefore he ceases to hold office.

A very next day, Chaudhry Pervaiz Elahi moved Lahore High Court (LHC) against Punjab Governor Baligh-ur-Rehman for denotifying him as Punjab’s chief minister.

In a petition, filed through his lawyer, Elahi, argued that the Punjab governor did not fulfil the constitutional requirement and ordered a vote of confidence during the ongoing session of the Punjab Assembly.

The petition maintained the governor did not authorise to summon assembly session when the current session was already underway.

Pervaiz Elahi pleaded with the high court to declare the governor’s order “null and void”.

Barrister Ali Zafar on behalf of Pervaiz Elahi, Nasr Ahmed on behalf of the federal government and Khalid Ishaq on behalf of Governor Punjab presented their arguments.

The lawyer representing Punjab CM, Ali Zafar, 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.

“We would restore the cabinet but you will need to give an assurance that our order will not be misused. We can give you more time. How can we stop the constitutional process of the dissolution of the assembly? However, we want to stop creating such a situation.”

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 hearing resumed, Pervaiz Elahi submitted the affidavit to assure that he will not advise the Punjab governor the dissolve the provincial assembly.

Elahi proves majority in chaotic Punjab Assembly session

Punjab Chief Minister Chaudhry Parvez Elahi obtained vote of confidence from Punjab Assembly during a special session of the provincial assembly in the wee hours of Thursday.

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.

186 members of the ruling coalition reposed confidence in the leadership of Chief Minister while opposition alliance Pakistan Democratic Movement (PDM) boycotted the session.

‘Punjab Assembly to be dissolved tomorrow’

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.

Criticising PML-N leaders for boycotting assembly proceedings he said that they should had participated in the vote of confidence proceedings but they chose to flee.

Fawad Chaudhry said Rana Sanaullah and Ata Tarar left for Islamabad following rain in Punjab.