LAHORE: The Lahore High Court (LHC) stated on Wednesday that the governor could choose the day for the chief minister to give him the vote of confidence he wants while the session is still in session.
When the Punjab Chief Minister Parvez Elahi’s plea to overturn Governor Baligh Ur Rehman’s order de-notifying the leader of the Pakistan Muslim League-Quaid (PML-Q) as chief minister was being heard, the LHC passed the remark.
After several hours had passed, the governor had de-notified CM Elahi last month since he had not received a vote of confidence from the Punjab Assembly.
The case is being heard by a five-judge panel led by Justice Abid Aziz Sheikh and including Justices Chaudhry Muhammad Iqbal, Tariq Saleem Sheikh, Muzamil Akhtar Shabir, and Asim Hafeez.
Despite Parvez Elahi’s assurance to the court that he would not dissolve the assembly once he regained control of the office, the bench reinstated the provincial cabinet and Parvez Elahi as chief minister at the December 23 hearing.
All parties involved in the case had also received letters from the LHC, who called them on January 11. (today).
The court did not require the chief minister to cast a vote of confidence in the Punjab governor’s directives, and it delayed the governor’s order until the next hearing.
Justice Abid questioned Elahi’s attorney regarding his preference for a merits-based decision or whether his client was willing to accept the vote of confidence during today’s hearing.
Justice Abid continued, “A floor test must be used to determine the chief minister.
In response, Ali Zafar stated that his client was elected chief minister by the assembly.
Justice Hafeez commented after hearing this that the chief minister should always have the backing of 186 members.
On the other hand, Mansoor Awan, the attorney general of Pakistan, emphasised that the CM was required to take a vote of confidence on the governor’s decision.
Nevertheless, Justice Hafeez stated that neither party was eager to discuss the number game in front of the group.
The governor had the authority to request a vote of confidence from the CM, the AGP emphasised once more. He continued, saying that the discussion has moved past the question of whether voting should be held at a fair hour.
Elahi’s attorney informed the bench that the AGP has not received anything in writing on this.
“The chief minister had not been prevented from taking a vote of confidence. The AGP retorted, “Why is there a requirement for anything to be in writing?
Justice Abid stated after listening to both attorneys that the case will be decided on the merits if there was no agreement between the parties.
Elahi’s attorney then launched into his arguments.
When the governor replaced the Punjab chief minister and the cabinet, the opposition, Zafar argued before the bench, resurrected the motion of no-confidence.
The lawyer continued by saying that the PML-Q and Pakistan Tehreek-e-Insaf were prepared for the motion.
“A political game is what they are attempting to play. This essentially amounts to constitutional fraud “said Zafar.
Moving on, the attorney concurred with the bench that a governor might ask a chief minister to submit to a vote of confidence, but he argued that the speaker should have the authority to set the date for the vote.
Even the chief minister cannot request a vote of confidence from the speaker, Zafar said. He insisted that the speaker’s refusal to call a session should not be used as justification to punish the chief minister.
At this point, Justice Hafeez stepped in and said, “According to the constitution, the speaker and the governor are impartial. Here, the governor and speaker are serving as the parties’ spokespeople.
In addition, the court pointed out that the governor can choose a date for the vote of confidence while the session is still in session in response to Zafar’s argument that the speaker has the exclusive right to set the date of the vote.
Justice Abid pointed out that if this couldn’t happen, the chief minister would state he wouldn’t be taking a vote of confidence since a session was still in session. He also said that the speaker can provide a different date.
When the speaker brought up the subject, Punjab Assembly Speaker Sibtain Khan’s attorney stepped in and informed the bench that his client had made a decision regarding the matter.
Justice Abid informed the attorney that the speaker’s point of view would also be heard because the court did not yet have the decision.
Moving on, Zafar informed the court that while his client has no problems accepting a vote of confidence, it is a matter of “principle”.
The court then continued the hearing until tomorrow (Thursday).