LAHORE: The Lahore High Court (LHC) on Friday took a 10-minutes break while hearing petition, filed by Chaudhry Pervaiz Elahi, challenging his de-notification by Governor Punjab Balighur Rahman. The Court asked Pervaiz Elahi’s counsel for written undertaking that he would not dissolve Punjab Assembly if the Governor’s notification was suspended.
A five-judge larger bench headed by Justice Abid Aziz Sheikh and comprising Justice Chaudhry Iqbal, Justice Tariq Saleem Sheikh, Justice Muzammil Akhtar and Justice Asim Hafeez conducted the hearing.
Also read: Governor Punjab denotifies CM Pervaiz Elahi
During the course of proceedings today, Barrister Ali Zafar narrated as to how Pervaiz Elahi was elected as Chief Minister of Punjab. He told the bench that Elahi secured 188 votes in July 2022. He read out procedures needed to remove a CM from his post.
Barrister Ali Zafar also narrated the events due to which the matter of Pervaiz Elahi’s election went to Supreme Court where the apex court declared him as Chief Minister.
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He explained in details the two ways by which an elected Chief Minister could be removed.
Barrister Ali Zafar said if Governor thought that the CM had lost majority support, he could ask to get vote of confidence, but only on the basis of tangible ground and solid reasons, and for this purpose, a separate session should be convened. “Governor waking up in the morning and asking CM to get vote of confidence in two hours not possible,” he said, adding that Governor couldn’t act on the basis of mere media reports. He further said that Governor had no authority fix date and time for CM to get vote of confidence.
Also read: CM Punjab challenges Governor’s de-notification move at LHC
Barrister Ali Zafar said Governor asked Speaker Punjab Assembly, and not the Chief Minister to get vote of confidence. “Speaker can summon PA session, and not the CM, how come the CM violated Governor’s instructions when a session even didn’t take place,” he added.
At one occasion, Justice Abid Aziz Sheikh remarked that if Governor asked (the CM) to get vote of confidence, the same should be implemented.
The Lahore High Court asked that in case the Governor’s notification was suspended, would the CM’s counsel submit in writing that Pervaiz Elahi would not dissolve Punjab Assembly? The Court later took 10 minutes break.
Earlier, Justice Farooq Haider recuses himself from first bench citing personal reasons.
Ch Pervaiz Elahi moved the Lahore High Court challenging the governor’s order to denotify him.
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A 9-page petition on behalf of Pervaiz Elahi was filed in the LHC on Friday by former chief minister’s close aide Amir Saeed Raan, praying the court to declare Punjab governor’s notification as null and void.
The petition made Governor Balighur Rehman and Punjab Assembly Speaker Sibtain Khan respondent through principal secretary.
The petition states that the governor could not summon a new session when the assembly is already in session. The governor is not authorized to unconstitutionally denotify the chief minister, the plea adds.
The petition requested the court to void the Punjab governor’s notification.
More to follow…
