LAHORE: Chaudhry Pervaiz Elahi Friday petitioned the Lahore High Court (LHC) against the order of the governor of Punjab announcing his “unconstitutional” de-notification as the chief minister, following his failure to obtain a vote of confidence from the provincial legislature.
Baligh ur-Rehman, a Pakistan Muslim League-Nawaz (PML-N) stalwart, removed Elahi shortly before dawn on Friday, in a setback for former prime minister Imran Khan, an ally of the Pakistan Muslim League-Quaid (PML-Q) leader. He was, however, asked to continue working until his successor was elected.
The development came days after he asked the chief minister to obtain the vote, apparently in a bid to prevent the Pakistan Tehreek-i-Insaf (PTI) party from going ahead with the scheduled dissolution of the assembly today.
Khan announced last week he would dissolve two provincial assemblies — of Punjab and Khyber Pakhtunkhwa — on Friday, earlier than scheduled, in an attempt to build pressure on the federal government to hold snap elections.
Subsequently, on Wednesday, in the face of the provincial government’s intention not to comply with the governor’s directive, Rana Sanaullah Khan, the minister for interior, claimed if the order was not followed through, the governor will notify the chief minister ceasing to hold office.
Thursday’s statement further said the governor also sacked the cabinet, citing Elahi’s failure to get the vote of confidence, which indicated he did not enjoy the support of the majority of the legislators.
Members of the PTI quickly rejected the removal of Elahi, saying he was not removed from his office in accordance with the constitution.
The petition said the speaker, responding to the December 19 order of the governor to summon a session of the parliament and requiring the chief minister to seek a vote of confidence, “gave a ruling declaring the summoning of the session to be unconstitutional and adjourned the ongoing session until December 22.”
It said both of Rehman’s orders, for the vote of confidence and the subsequent de-notification, were passed “without lawful authority and are of no legal effect”.
It reasoned the governor’s order regarding summoning a session was illegal under the Constitution and Rules of Procedure of the Provincial Assembly of the Punjab, 1997.
“Without prejudice to the unconstitutionality of Respondent 1’s [the governor] act of summoning the session of Punjab Assembly during an already ongoing session, it is respectfully submitted that neither the appointing authority of the petitioner nor has the power to remove the petitioner, and there is no constitutional provision enabling the Respondent No. 1 to pass the impugned order dated 22.12.2022 and declaring that the Petitioner ceases to hold his office of Chief Minister Punjab,” the petition read.
The counsel for Elahi went on to add that governor’s order was “not sustainable because it has been passed due to grave misconstruction of the facts”.
It also highlighted that the de-notification order was “not sustainable as the resolution of vote of no confidence moved by the 20 percent is pending before the Provincial Assembly, and the impugned order would make the resolution infructuous which would undermine the right of members of the Provincial Assembly regarding the vote of no confidence against the petitioner/chief minister.”
Subsequently, the petition requested that both the governor’s orders be declared to be issued without any lawful authority and of no legal effect.
“It is further prayed that it may kindly be declared that the summoning of the session of the Punjab Assembly by the governor during an already ongoing session is unconstitutional, unlawful and of no legal effect,” the chief minister requested.
The petition pleaded the court should declare that there was no eventuality which lead to the conclusion that Elahi did not command the majority of the members of the provincial assembly.
“It is further prayed that it may kindly be declared that the Petitioner does not cease to hold his office of Chief Minister Punjab,” it stated, adding the dissolution of the provincial cabinet should also be declared unlawful.
Submitted through barristers Syed Ali Zafar and Amir Saeed Rawn, the petition named the Punjab governor through his principal secretary, the government of Punjab through its chief secretary and the PA speaker as respondents.
