Advertisement
Advertisement
Advertisement
Advertisement
LHC says Governor can ask CM to take vote of confidence

LHC says Governor can ask CM to take vote of confidence

LHC says Governor can ask CM to take vote of confidence

LHC extended stay order on Governor removal of Chief Minister.

Advertisement
  • LHC heard the case regarding vote of confidence by CM Punjab
  • The court asked how much time is required for the vote of confidence
  • The court observed the Governor can ask court to seek vote of confidence
Advertisement

LAHORE: A full bench of the Lahore High Court on Wednesday extended the stay order for one day regarding suspending Punjab governor’s directive to remove chief minister Pervaiz Elahi.

The court also directed CM that his assurance of not dissolving the assembly should be implemented. A full bench headed by Justice Abid Aziz Sheikh heard Elahi’s petition challenging the governor’s order.

Chaudhry Pervez Elahi has challenged the notification of his removal by the Governor. A five-judge bench had stayed the implementation of the notification on December 23.

Pervaiz Elahi’s lawyer, Barrister Ali Zafar, argued on the legality of the notification to de-notify the chief minister of Punjab and pointed out that the notification was issued late at night asking CM to take a vote of confidence the next day. The governor’s order should carry proper reasons for the vote of confidence, he added.

During the hearing, the bench declared that the governor should have given adequate time for vote of confidence. Barrister Ali Zafar pointed out that the ruling of the Speaker Assembly was not challenged on the matter of taking the governor’s confidence.

Earlier, when the hearing started, the lawyers told the court that the matter has not been resolved yet. The lawyer of Governor Punjab offered that the problem will be solved if a vote of confidence is taken. Pervaiz Elahi’s lawyer emphasized that he will extend arguments on the merit of the de-notification orders.

Advertisement

During the hearing, the court declared that the Chief Minister should have the support of 186 members 24 hours. On December 22, Punjab Governor Baligh-ur-Rehman de-notified Pervaiz Elahi from the post of Chief Minister.

Justice Abid Aziz Shaikh remarked that the Governor can ask for a vote of confidence to the Chief Minister because ultimately the members have to decide who will be the Chief Minister.

The court asked Barrister Ali Zafar to “let us know how much time would be appropriate for a vote of confidence”. The court gave the option that ‘we set a date, you had every opportunity to take the vote of confidence in so many days.’

Barrister Ali Zafar, argued that the Governor can ask the Chief Minister for a vote of confidence only if the Chief Minister does not have the support of the majority of the members. During the assembly session, the Chief Minister cannot be asked for a vote of confidence.

The court declared that ‘it is not yet satisfied whether the floor test is to be conducted or not, are you not accepting this offer?’ Ali Zafar replied that ‘this case should be heard on merit.’

The court remarked that “it has been 20 days since the court decision, why have you not thought of a vote of confidence yet? The court will also examine whether the Chief Minister has confidence in the ongoing session or not.

Advertisement

Pervaiz Elahi’s lawyer argued that “when the governor removed the chief minister and the cabinet, he also withdrew the no-confidence motion, adding that “we were ready for the no-confidence motion.”

Barrister Ali Zafar said that the opposition had to bring 186 members for the no-confidence motion. Pervaiz Elahi became the Chief Minister when he got 189 votes earlier.

“They are trying to play a political game. This is tantamount to fraud on the constitution. The governor can ask for a vote of confidence, but the speaker has the authority to set the date of the meeting, the speaker is already holding the meeting,” the lawyer said.

Even the Chief Minister cannot ask the Speaker to call a meeting for a vote of confidence, the Chief Minister cannot be punished for not calling a meeting of the Speaker, he added.

Justice Asim Hafeez declared that ‘Governor and Speaker are neutral under the Constitution, here the Governor and Speaker have become spokespersons of the parties.’

On this matter, the court inquired from Barrister Ali Zafar whether the Governor can ask the Chief Minister to take a vote of confidence during an ongoing session or not.

Advertisement

Ali Zafar replied that ‘we are not denied a vote of confidence, but it is a matter of principle. The Governor cannot ask for a vote of confidence without the request of the majority of the House.’

The court also asked for the details of the reference regarding the Manzoor Watto case for arguments on this case and ruled that the case would be heard on daily basis after there was no consensus on the vote of confidence among the parties. The court adjourned the hearing of the case till 9 am tomorrow, Thursday.

 

Also Read

CM Punjab must get sufficient time for vote of confidence: LHC
CM Punjab must get sufficient time for vote of confidence: LHC

LHC said to give CM Punjab time for vote of confidence Court...

Advertisement
Advertisement
Read More News On

Catch all the Pakistan News, Breaking News Event and Latest News Updates on The BOL News


Download The BOL News App to get the Daily News Update & Follow us on Google News.


End of Article

Next Story