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Monday, February 6, 2023
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HomeNationalLHC hears Pervaiz Elahi Plea against governor de-notification

LHC hears Pervaiz Elahi Plea against governor de-notification

Lahore High Court has heard Pervaiz Elahi’s plea against Governor Punjab Balighur Rehman’s de-notification orders.

LHC forms a five-member bench including Justices Chaudary Muhammad Iqbal, Tariq Saleem Sheikh, Asim Hafeez, and Muzamil Akhtar Shabir headed by Justice Abid Aziz Sheikh.

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During the hearing, Pervaiz Elahi’s Lawyer Barrister Ali Zafar claimed that Pervaiz was elected as CM Punjab on 22 July lawfully and can only be removed from post through a Vote of no motion.

He emphasized that only assembly members had the power to remove the chief minister because they had chosen him or her.

Ali Zafar also stressed that the governor might ask for a vote of confidence and calls a special session if he believes the chief minister has lost his majority.

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Court inquired, “If a timeframe of three to seven days could be given for a vote of no-confidence, then why not for a vote of confidence?”

Regarding issuing notices to members and holding voting on the same day barrister said that the speaker is in charge of sending out notices and conducting voting on the same day.

According to the attorney, Elahi never objected to a vote of confidence. “The assembly has to be called by the speaker as the chief minister cannot do the same. But when a session was not held, how can the governor issue orders?”

Justice Sheikh then stated that If the governor had requested a vote of confidence, his orders ought to have been carried out.

He added that the crisis can resolve if a time for voting is set, adding that the entire process of summoning the assembly session for a vote of confidence may still be conducted.

Zafar countered, “But this is only conceivable if the de-notification order is overturned.

Justice Sheikh responded that the court would rule on this issue following the law.

The court ordered to resume the hearing after 15 minutes.

After the hearing resumed Justice Shaikh said, “If we suspend the de-notification order and restore Elahi as the chief minister, what are the chances that you [PML-Q] will dissolve the assembly?”

He urged Zafar to speak with his client and get a guarantee from him that the assembly wouldn’t be called off before a vote of confidence is requested.

Barrister Zafar responded that his client needs extra time to think about this.

Justice Shaikh then questioned how the court could issue such directions, Or we can’t provide you with temporary respite.

Earlier, a larger bench was assembled by the court to hear the plea after the petition was submitted.

Initially, Justice Abid Aziz Shaikh presided over the bench, which also included Chaudhry Muhammad Iqbal, Tariq Saleem Sheikh, Farooq Haider, and Muzamil Akhtar Shabir.

Around an hour later, when the court was hearing the plea Justice Haider withdrew from hearing the case and the bench was adjourned.

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