Lahore High Court Justice Abid Aziz Shaikh on Wednesday remarked that the Governor can ask the Chief Minister to seek a vote of confidence from the Assembly.
Justice Abid made these remarks while hearing a petition by Punjab Chief Minister Pervaiz Elahi challenging Governor Balighur Rehman’s order to de-notify the Pakistan Muslim League (Q) leader as chief minister.
The governor had de-notified Chief Minister Elahi last month after failing to get a vote of confidence from the Punjab Assembly despite the passage of several hours.
Apart from Justice Abid, other members of the bench include Justice Chaudhry Muhammad Iqbal, Justice Tariq Saleem Sheikh, Justice Muzamil Akhtar Shabbir and Justice Asim Hafeez.
In the last hearing on December 23, the bench had reinstated the provincial cabinet and Pervaiz Elahi as chief minister after he assured the court that he would not dissolve the assembly after regaining control of the office.
The Lahore High Court issued a notice to all the parties in the case and summoned it on January 11 (today).
While suspending the Governor Punjab’s order till the next hearing, the court also did not make it mandatory for the Chief Minister to take a vote of confidence on the Governor Punjab’s order.
During today’s hearing, Justice Abid asked Elahi’s counsel whether he wanted the case to be decided on merits or whether his client was ready to take a vote of confidence.
Justice Abid said that the decision of the Chief Minister has to be made through a floor test.
To this, Ali Zafar replied that his client became the Chief Minister by taking the vote in the Assembly.
On which Justice Hafeez remarked that the Chief Minister should always have the support of 186 members.
On the other hand, Attorney General for Pakistan Mansoor Awan emphasized that it is mandatory to take a vote of confidence for the Chief Minister on the order of the Governor.
However, Justice Hafeez remarked that no party is ready to discuss the number game in the Assembly.
The AGP once again emphasized that the Governor has the authority to ask the Chief Minister for a vote of confidence. He further said that the matter has gone beyond the discussion on the need for adequate time for holding the voting.
Elahi’s counsel told the bench that the AGP had not received anything in writing.
No one stopped the Chief Minister from taking the vote of confidence. What is the need to write something? AGP replied.
After hearing both the lawyers, Justice Abid remarked that if there is no agreement between the parties, he will decide the case on merit.
After that, Elahi’s lawyer started his arguments.
