LAHORE: The Lahore High Court (LHC) on Thursday disposed of a petition after the court was told that the Punjab governor has retracted the notification, de-notifying Parvez Elahi as the chief minister of the province.
Pervez Elahi had challenged his de-notification order in the LHC.
LHC bench disposes of plea
After a break of half-an-hour following the first hearing, the counsel for the governor told the LHC bench that Punjab Governor Balighur Rehman has retracted the order, de-notifying Elahi as the chief minister.
The court disposed of the petition with an observation that it was a matter of satisfaction that political matters were resolved in the assembly and through political means.
After a late-night chaotic session of the Punjab Assembly, during which Chief Minister Parvez Elahi managed to secure the confidence vote from lawmakers, LHC’s judge Justice Abid Aziz Sheikh earlier remarked that the issue surrounding the vote of confidence had been settled for now.
LHC judge’s remarks
Justice Abid passed the remarks during the first half of the hearing while heading a five-member bench hearing Parvez Elahi’s petition challenging Punjab Governor Balighur Rehman’s order, denotifying Elahi as the chief minister.
Justice Chaudhry Muhammad Iqbal, Justice Muzamil Akhtar Shabir, Justice Tariq Saleem Sheikh and Justice Asim Hafeez were also part of the LHC bench.
During the Thursday’s hearing, Elahi’s counsel Barrister Ali Zafar, told the bench that his client had taken the vote of trust and 186 members expressed their confidence in Elahi.
The counsel for the Punjab governor also confirmed to the bench that Elahi has secured the vote of confidence.
“Is Punjab governor satisfied with the vote of confidence?” asked Justice Abid.
At this, the counsel urged the bench to make the assembly proceedings part of the court record.
Turning towards Ali Zafar, Justice Abid asked him if he intends further hearing on the plea as the floor test was done.
At this, Ali Zafar concurred that after the vote of confidence, the plea has become ineffective but he would like to argue on the governor’s notification as it was a “matter of principle”, He argued that the Punjab governor should have given reasons to remove the chief minister and the cabinet.
He said that the governor’s notification was illegal.
Justice Abid remarked that the issue regarding the vote of confidence had now been settled but now the bench has to decide whether or not the Punjab governor’s notification was legal.
During the hearing Justice Hafeez remarked that if Ali Zafar was contesting the legality of the governor’s notification, the issue will proceed to its logical end.
Justice Abid agreed with the observation, stating that the court will have to look into everything.
Barrister Ali Zafar said that the Punjab governor’s de-notification order was illegal, and urged the court to give its finding. Justice Abid remarked that the bench now has three questions before it and Elahi’s vote of confidence was one of the questions.
Ali Zafar said that he would assist the court on the matter. Justice Abid aske the third question will be if the assembly session was not held, then can the chief minister be sent home for not taking the vote of confidence. The judge added that the court could also question the governor’s notification to set a date for the vote of confidence.
