The Lahore High Court was informed on Thursday that Punjab Chief Minister Chaudhry Pervaiz Elahi has taken vote of confidence from the provincial assembly. A five-judge LHC larger bench, led by Justice Abid Aziz Sheikh, heard the petitions regarding denotifying of the provincial chief executive by the governor. As the proceedings started, Pervaiz Elahi’s lawyer Barrister Ali Zafar informed the court that the chief minister has taken the trust vote with the support of 186 members of the Punjab legislature. Barrister Ali Zafar told the court “Pervaiz Elahi has taken vote of confidence. 186 members of the house reposed their trust in the chief minister.”

Punjab Assembly speaker’s lawyer submitted the notification regarding Pervaiz Elahi’s fresh vote of confidence in the court. On this occasion, Justice Abid Sheikh turned his attention towards the Governor’s counsel “Pervaiz Elahi has taken the confidence vote. What would you say now?” Justice Asim Hafeez asked what would be the situation if the governor issues another notification. Justice Abid Sheikh inquired whether governor is now satisfied with confidence vote. In reaction, Punjab governor’s lawyer said the trust vote record should be made part of the court proceedings. Justice Abid Sheikh asked Barrister Ali Zafar the floor test has been conducted.

“Now would you still want hearing on your petition challenging the CM’s removal through denotification?” he said. Barrister Ali Zafar said he wanted to submit brief arguments on this point. “We have enough votes. It’s a matter of principle. The governor should give reasons for his action.” He further said apparently the plea has become ineffective and the governor’s notification was not in accordance with the law. “There were two notifications before us: one about taking the vote of confidence and the other about the de-notification,” Justice Abid Aziz Shaikh remarked. “We also learn a lot from you. [Now] you say that the Governor’s order is not in accordance with the law,” he said to Barrister Ali Zafar.

“If the order of the Punjab governor is annulled, the chief minister’s vote from the assembly will be of no importance,” he added. “If he [chief minister] has taken the vote of confidence, we can give a ruling on the Governor’s order,” he stated. “After taking the vote of confidence, one issue has been resolved. The issue now remains whether the Governor’s notification was correct or not,” he pointed out. “You have taken the vote of confidence under Article 137,” Justice Abid Aziz Sheikh remarked. “If you say that the Governor’s order is illegal, the matter will go to the end,” Justice Asim Hafeez emphasised.

“If we have to look at the Governor’s order, we have to look at everything,” Justice Abid Aziz Sheikh stated. “You have found a ‘good’ solution to it. You took the vote of confidence for the satisfaction of the Governor,” he added. “The removal of the chief minister by the Governor was illegal,” Barrister Ali Zafar argued. “Should the court make a unanimous decision?” Justice Abid Aziz asked from Barrister Ali Zafar. “The court should give its finding on it,” Barrister Ali Zafar replied.

Credit: Independent News Pakistan-INP