On Tuesday, as the current political unrest and constitutional crisis deepened in Punjab, the Speaker of the Provincial Assembly, Sabatin Khan, declared Governor Balighur Rehman’s order null and void and adjourned the ongoing session till Friday.
A day earlier, Governor Punjab convened a meeting of the provincial assembly to consider the no-confidence motion submitted by lawmakers belonging to Pakistan Muslim League-Nawaz (PMLN) and Pakistan Peoples Party (PPP). Summoned on December 21 (Wednesday). Against Chief Minister Pervaiz Elahi.
According to a notification issued by the Secretariat of the Governor of Punjab, “Governor Punjab is pleased to sign an order calling for a meeting of the Provincial Assembly of Punjab at 1600 hours (4 pm) on Wednesday and seeking a vote of confidence from the Chief Minister Punjab. felt Article 130(7) of the Constitution.
According to a three-judge bench of the Lahore High Court in the case of Manzoor Ahmad Vito v. Federation of Pakistan, in its judgment, Speaker Sabatin Khan said that unless the current session is adjourned, the governor cannot call a new session.
The Speaker added that the meeting under Article 130(7) of the Constitution – under which the Governor can convene a meeting for a vote of confidence – can only be determined in a meeting specially convened for the purpose.
Khan added that such a session can be called only when the current session is adjourned by the Speaker and cannot be called by the Governor for Article 130(7) – vote of confidence. While the current session is ongoing.
The speaker added that as per the order of the Lahore High Court, the chief minister should be given “not less than 10 days” to seek a vote of confidence. “In practice, this is the minimum time that must be provided to the Chief Minister.”
He also said that the Governor does not have the power to convene a session in which the Chief Minister needs to get a vote of confidence.
“In view of the above, the undersigned, in accordance with Rule 209-A of the Rules and Regulations of the Punjab Provincial Assembly, 1997, decree that the order of the Governor requiring the Chief Minister to take a vote of confidence shall be I am not. In accordance with the aforesaid provisions of the Constitution and the procedure of the Rules, no further action can be taken; therefore, be disposed of accordingly.”
In an interaction with reporters earlier in the day, Khan had termed the governor’s order as “controversial” and said he could not call another one if the session was ongoing.
In response, Special Assistant to the Prime Minister Malik Muhammad Ahmed Khan said that the Speaker should follow the order of the Governor and it is the responsibility of the Chief Minister to ensure that the vote of confidence is taken.
“If the Chief Minister avoids taking the vote of confidence, it will be considered that he has lost the majority. If the Chief Minister has the support of 186 members, then why not prove it in the House?”
Ahmed said that if he had the support of enough legislators, he would not have supported the Speaker’s decision. The session is on and the Chief Minister should take a vote of confidence.
