LHC Disposes Of Punjab CM's Plea Against De-notification Orders

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LHC disposes of Punjab CM's plea against de-notification orders

The court disposed of the petition after Barrister Ali Zafar, the counsel for Elahi, informed the bench that his client had won the vote of confidence in the Punjab Assembly.

LAHORE: (UrduPoint/Pakistan Point News-Jan 12nd, 2023) The Lahore High Court (LHC) on Thursday disposed of petition of Punjab Chief Minister Chaudhary Pervaiz Elahi against de-notification orders of Punjab Governor Balig-ur-Rehman after he withdrew it.

The development took place after Chaudhary Pervaiz Elahi won the vote of confidence in the Punjab Assembly and emerged as winner on Thursday.

Chaudhary Pervaiz Elahi had filed a petition against the governor’s orders last month after he was de-notified as chief minister. However, the LHC restored him when he assured the bench that he would not dissolve the assembly till the next hearing.

A LHC five-member bench led by Justice Abid Aziz Sheikh — comprising Justice Chaudhry Muhammad Iqbal, Justice Tariq Saleem Sheikh, Justice Muzamil Akhtar Shabir, and Justice Asim Hafeez took up the case.

During the case proceedings, Barrister Ali Zafar, the counsel for Elahi, informed the bench that his client had won the vote of confidence. He told the court that 186 members expressed confidence in Parvez Elahi.

Mansoor Awan, the counsel for Punjab Governor,

also confirmed to the bench that the chief minister had taken the vote of confidence.

“Is the governor satisfied with the vote of confidence?” asked Justice Abid.

On it, Awan asked the bench to make the assembly proceedings part of the court's record.

At this, Justice Abid asked Barrister Ali Zagar, the CM’s lawyer, if he intended further hearing on the petition as Elahi's floor test was complete.

Barrister Zafar agreed that after the vote of confidence the petition had become ineffective but he would like to argue on the governor’s notification as it was a “matter of principle”, adding that the governor should have given reasons to remove the CM and the cabinet.

Zafar submitted that “Governor’s notification was not legal,”.

At this, Justice Abid remarked that the issue regarding the vote of confidence had been settled but now the bench had to decide whether the governor’s notification was legal or not.

Justice Abid agreed with the observation, saying the LHC would have to look into everything.

At this, Barrister Zafar argued that the governor’s de-notification order was illegal, and urged the court to give its finding.

Justice Abid observed that the bench "now has three questions before it," adding Elahi had taken a vote of confidence on one question.

Zafar, on the issue of providing sufficient time, said he would assist the LHC on the matter.

Justice Abid asked, “The third question will be if the session is not held then can the chief minister be sent home for not taking the vote of confidence,”. He submitted that the court could also question the governor’s decision to set a date for a vote of confidence.

The LHC, later, took a break for 30 minutes.

When the hearing resumed, the governor's lawyer asked the bench for more time to take instructions from his client.

The bench approved the request and adjourned the hearing, once again.

Justice Hafeez,.meanwhile, remarked that he would be giving an additional note in the verdict, adding that the bench will not go into the matter of delivering justice in this case.

The bench disposed of the petition of Chaudhary Pervaiz Elahi.

Abdullah Hussain

Abdullah Hussain is a staff member who writes on politics, human rights, social issues and climate change.