LHC Notes That The Governor Of Punjab Can Ask The Chief Minister To Take A Trust Vote

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The Lahore High Court (LHC) on Wednesday began hearing on Punjab Chief Minister Pervaiz Elahi’s petition challenging Governor Balighur-Rehman’s decision to de-notify him as CM.

Elahi’s case was heard by a five-member bench consisting of Justices Abid Aziz Shaikh, Chaudhry Muhammad Iqbal, Tariq Saleem Sheikh, Asim Hafeez, and Muzamil Akhtar Shabir.

Elahi’s attorney, Barrister Ali Zafar, said today that the governor lacks the authority to have the CM accept trust due to constitutional constraints.

Here, Justice Asim Hafeez chimed in to say that the governor has the authority to request that the prime minister seek a vote of confidence from the assembly.

The Prime Minister must always have the backing of at least 186 lawmakers.

As the hearing went underway, Justice Abid Aziz Shaikh stated that the vote of confidence question had not yet been handled.

“This matter will only be addressed if CM Perviaz Elahi takes the vote of confidence,” the governor’s counsel argued, adding that Elahi had a lot of time to take the trust vote after the last hearing but he did not do so.

While looking at Elahi’s lawyer, Justice Shaikh questioned, “How many days would be sufficient for you to take the confidence vote? We will choose a suitable time, and your problem will be resolved.”

The province governor de-notified Chief Minister (CM) Pervaiz Elahi in the early hours of December 23, 2022, for failing to take a vote of confidence from the provincial assembly.

In his ruling dated Dec 22, the Punjab Governor Baligh-ur-Rehman ruled that Punjab CM Pervaiz Elahi and his cabinet were legally deemed inactive for not seeking the vote of confidence from the provincial assembly.

The governor of Punjab made the announcement that CM Pervaiz Elahi’s term in office had ended since he had failed to win a Vote of Confidence on the scheduled day and time.

The very next day, Chaudhry Pervaiz Elahi took Punjab Governor Baligh-ur-Rehman to Lahore High Court (LHC) for denotifying him as chief minister of Punjab.

In a plea, filed via his lawyer, Elahi, contended that the Punjab governor did not complete the constitutional obligation and ordered a vote of confidence during the ongoing session of the Punjab Assembly.

The current session of the Assembly had already begun, and the petition argued that the governor did not have the authority to convene a new session at this time.

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

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