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LHC restores Punjab CM Pervaiz Elahi and cabinet

LHC restores Punjab CM Pervaiz Elahi and cabinet

LHC restores Punjab CM Pervaiz Elahi and cabinet
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Lahore High Court (LHC) has restored Punjab Chief Minister Pervaiz Elahi and his cabinet at once and suspended the notifications of the Punjab Governor and chief secretary.

The LHC issued the order after getting assurance from Pervaiz Elahi to not dissolve the Punjab Assembly.

The LHC wanted an undertaking from Elahi that he would not dissolve the assembly as if he would resort to the move, it could deepen the ongoing political turmoil in the province.

A five-member bench headed by Justice Abid Aziz Sheikh and including Justices Justices Chaudhry Muhammad Iqbal, Tariq Saleem Sheikh, Asim Hafeez and Muzamil Akhtar Shabir heard the case.

The court took two breaks of 10 minutes and an hour and asked Elahi’s counsel Barrister Ali Zafar to consult his client about the undertaking.

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Following the assurance of not dissolving from the PML-Q leader, the court reinstated him as the chief minister. The LHC also issued notices to all the parties in the case and summoned them on January 11.

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However, at the start the hearing on Friday, Punjab chief minister Elahi’s counsel Barrister Zafar told the bench his client was elected as the chief minister. He also mentioned the Supreme Court verdict which ruled in favour of the PML-Q leader.

Then, Zafar explained the two constitutional steps that can be used to remove a chief minister.

“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,” said Zafar. He added that if the governor feels the chief minister has lost his majority, then a session can be called in for the purpose.

“If 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,” said Zafar.

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“All members need to be sent a notice,” maintained Elahi’s counsel. He added that at times some lawmakers are abroad so the speaker can give 10 days of notice.

“It is also possible that the speaker holds voting immediately,” remarked Justice Sheikh. It is not necessary to give a 10-day notice, he added.

At this, Zafar told the judge that the whole process [of summoning the assembly session] is between the governor and the speaker. He added that setting a date is the prerogative of the speaker.

“Are you saying that summoning the session is the speaker’s prerogative,” asked Justice Sheikh. To this, Zafar responded in the affirmative.

“The law uses the word secretary then how it is the speaker’s prerogative,” asked Justice Sheikh.

Zafar then told the bench that Rule 24 states that the speaker convenes and adjourns the session.

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Justice Sheikh told Zafar that the question is about an appropriate time frame.

“According to the Constitution, the governor can summon a session. Under the rules, the speaker gives the date of the meeting,” said Zafar. The chief minister has to come and take the vote of confidence he cannot take it in the air, said Barrister Zafar.

“The governor cannot say that the chief minister did not take the vote of confidence. When there was no session then how the CM could have taken the vote of trust,” asked Zafar.

The counsel contended that there was disagreement between the governor and the speaker on calling the meeting.

At this point, Justice Sheikh interjected and remarked that there has been no voting, adding that if the PML-Q and PTI have the majority then there is no issue and a time can be given.

“For now we only want the suspension of the notification for removal from office. The governor concluded that Parvez Elahi avoided taking the vote of confidence,” said Zafar. He also claimed that the governor violated his oath.

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“If there is no cabinet, then there is no government under Mustafa case,” remarked Justice Abid.

Then, Justice Sheikh asked that if the high court reinstates the chief minister immediately, will he dissolve the assembly. “A similar matter came up during the Manzoor Wattoo case. So, can you give us an undertaking that the assembly will not be dissolved?”

In response, Barrister Zafar said that since a no-confidence motion has been moved, the assembly cannot be dissolved. The court then told the lawyer that the no-confidence motion has been withdrawn.

“If your [client] dissolves the assembly, then the petition will become ineffective and a new crisis will be upon us,” the court remarked.

The court then asked Zafar to consult his client and adjourned the hearing for 10 minutes.

Once the hearing resumed, Barrister Zafar said that he would not be able to provide an undertaking to the court as of now and urged the court to reinstate the chief minister and order him to not dissolve the assembly.

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In response, the LHC bench noted that the court could not give interim relief to anyone without any assurance. “How can the court stop the chief minister from exercising his constitutional right?” Justice Hafeez asked.

The court then adjourned the hearing once again, this time for an hour and asked the lawyer to consult his client.

When the hearing resumed, Barrister Zafar furnished an undertaking from Elahi. Then, the court awarded a “temporary relief” to the PML-Q leader and reinstated him as the chief minister.

It is pertinent to mention here that in the wee hour of Friday, Punjab Governor Balighur Rehman denotified Chief Minister Pervaiz Elahi. A nitification was issued in this regard.

On the other hand, talking to the media after the court’s decision, the PTI and PML-Q welcomed the verdict of the court.

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PTI leader Fawad Chuadhry termed the LHC verdict correct and as per the consititution and law.

Fawad said that when the Punjab Assembly Speaker had not called the session so how it was possible for the chief minister to take the vote of confidence.

He observed that it was being said the chief secretary was locked down in the room and forced to sign the notification of suspension of the Punjab cabinet.

Hamad Azhar said that in fear of Imran Khan the imported government has destroyed the whole economy of the country.

Reacting to the unconstitutional act of the Punjab governor, Punjab Assembly Speaker Muhammad Sibtain Khan has written a letter to the President of Pakistan Dr. Arif Alvi against the illegal action and misconduct of Punjab Governor Baligh Ur Rehman.

He requested him to remove the governor and take the action against him for violating the constitution.

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Befiore this new development, the Punjab Assembly Speaker Muhammad Sibtain Khan announced that he had postponed writing a letter to the President of Pakistan  against Punjab Governor.

Earlier on Thursday, on the legal team’s recommendation, Prime Minister (PM) Shehbaz Sharif had stopped Punjab Governor Balighur Rehman from denotifying Chief Minister Pervaiz Elahi.

The development emerged in the aftermaths of consultation with the legal experts, who recommended that the governor refrain from denotifying the chief minister as the matter can be challenged in court.

Sources said that a meeting of the PML-N senior leaders and legal team held at the Governor House deliberated the issue in detail.

Meanwhile, Interior Minister Rana Sanaullah asserted that Pervaiz Elahi was no more the executive of the province as he did not take vote of confidence as asked by Governor.

He made the claim while talking to media outside Punjab Governor House on Thursday.

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“Elahi constitutionally no more holds the CM office,” said Sanaullah, adding that the federal government will issue the notification as soon as it receives the governor’s order.

Replying to a question about the PDM candidate for CM post, he said that the Pakistan Muslim League–Nawaz (PML-N) has not finalized any name for the CM ship.

The political temperature in the province is increasing with the passage of every moment and the situation is changing very rapidly throughout the day.

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