LAHORE: The Lahore High Court (LHC) questioned on Thursday whether the political crisis in Punjab had been resolved, following Chief Minister Chaudhry Pervaiz Elahi’s successful vote of confidence in the provincial parliament.
A larger bench, which is hearing a petition filed by Elahi challenging Governor Baligh ur-Rehman’s decision to de-notify him as chief minister, asked this question hours after Elahi secured the support of 186 members in a late-night session of the assembly.
The court inquiry came after Elahi, on the orders of Governor Rehman, managed to pass a vote of confidence in the assembly, following a chaotic session that took place late on Thursday night.
In December, Governor Rehman had de-notified Elahi as chief minister in an effort to prevent former prime minister Imran Khan from dissolving the Punjab Assembly.
Elahi had approached the court, arguing that the move was unconstitutional, unlawful, and of no legal effect. In response, the court had remarked that a chief minister should have perpetual support from the majority of lawmakers in the house, and had allowed Elahi to remain as chief minister for one more day, pending further deliberation.
As the hearing began on Thursday, the attorney general requested the court to include the record of votes in the arguments, stating that “the governor will not have any objections to it.” Justice Abid Aziz Shaikh asked, “What do you have to say about Elahi taking the vote of confidence?” Justice Asim Hafeez also inquired what the situation would be if the governor issued another notification.
In response, the attorney general stated: “There would be no need for that after the assembly floor [proved it was in Elahi’s favour].” Justice Shaikh then asked: “The floor test has been completed, does this mean that the matter has been resolved now?”
Elahi’s lawyer, Barrister Ali Zafar, argued that his client had met the governor’s first order, which was to take a trust vote, and that the governor’s second notification regarding the de-notification should now be annulled.
In response, Justice Hafeez maintained that Elahi had taken a vote of confidence under Article 137 of the Constitution, which states that in any matter where both parliament and the provincial assembly have the power to make laws, the executive authority of the province shall be subject to, and limited by, the executive authority expressly conferred by the Constitution or by law made by parliament upon the federal government or authorities thereof.
“Had Elahi taken the vote of confidence voluntarily, the situation would have been different,” the judge stated, adding that “prima facie, Elahi has taken the vote of confidence on orders of the governor.”
The case will continue to be heard by the court as they deliberate further on the constitutional and legal implications of Governor Rehman’s decision to de-notify Elahi as chief minister, and the subsequent vote of confidence passed by Elahi in the assembly.
