PML-Q leader Chaudhry Parvez Elahi on Friday filed a petition in the Lahore High Court (LHC) against Punjab Governor Balighur Rehman’s orders denotifying him as the province’s chief minister, saying that the move is unconstitutional, unlawful and of no legal effect. Rehman sprang into action late on Thursday night and denotified Elahi as chief minister of the largest province in a bid to forestall ousted premier Imran Khan’s plan to dissolve the Punjab Assembly (PA).

In his order dated Dec 22, the governor said that since the chief minister had refrained from taking a vote of confidence at the appointed day and time, he ceased to hold the office. He, however, asked Elahi to continue working as chief minister until his successor takes charge. The petition filed by Pervez Elahi on Friday. The application was submitted through Barrister Ali Zafar and Advocate Amir Saeed.

It said that on December 19, Governor Rehman issued an order summoning a PA session and requiring the chief minister to seek a vote of confidence from the house. In response to the order, the PA speaker gave a ruling declaring the summoning of the session to be unconstitutional and adjourned the ongoing session till Dec 22.” The petition stated that both of Rehman’s order for the vote of confidence and the de-notification was passed without lawful authority and are of no legal effect.

It reasoned that the governor’s order regarding summoning a PA 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 the governor 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 went on to say that Rehman’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 precentum is pending before the Provincial Assembly, and the impugned order would make the resolution in-fructuous which would undermine the right of members of the Provincial Assembly regarding the vote of no confidence against the petitioner/Chief Minister”.

Credit : Independent News Pakistan-INP