Parvez Elahi reinstated after LHC suspends Governor Punjab Balighur Rehman’s notification

LAHORE, Dec 23 (SABAH): A five-member larger bench of the Lahore High Court (LHC) headed by Justice Aziz Sheikh on Friday suspended Governor Punjab Engineer Mian Muhammad Balighur Rehman’s notification of denotifying Chaudhry Parvez Elahi as Punjab Chief Minister.

Senator Barrister Syed Ali Zafar, CM Elahi’s counsel, submitted the undertaking duly signed by Parvez Elahi stating he would not dissolve Punjab Assembly until he obtained a vote of confidence from the House.

Punjab Governor Balighur Rehman’s lawyer argued that the governor would take his notification regarding removal of Elahi from holding the CM office back provided that the court bound the CM not to dissolve the assembly. Justice Asim Hafeez remarked that the Article 130 of the Constitution of Pakistan bars the court from halting the CM to dissolve the assembly after the court conceded to the governor’s offer. “You must submit your undertaking in writing as we have to find a common ground for both parties”, he added. The court issued notices to the governor, the Attorney General, and others, and adjourned the hearing till Jan 11.

Earlier, at the outset of hearing Pervez Elahi’s plea against Balighur Rehman’s order of his denotification as the chief minister, the court asked the PTI to submit an undertaking that it would defer the assembly dissolution till the CM obtained a vote of confidence.

Justice Abid Aziz Sheikh inquired whether the PTI would dissolve the assembly if the court annulled governor’s notification removing Pervez Elahi from the office. “Mian Manzoor Ahmed Wattoo’s case is a precedent,” he added.

While seeking time from the court to submit undertaking, the lawyer representing the CM argued that if the court reinstated Parvez Elahi as the CM, it must order the PTI to halt assembly dissolution.

The judge remarked that how the court could issue such an order, adding the court could consider denying Parvez Elahi the relief to function as the acting CM. The court, however, gave an hour deadline for submission of the undertaking.

It merits mention that the Lahore High Court (LHC) formed a larger bench to hear Parvez Elahi’s plea against his denotification as Punjab chief minister by the Punjab governor. After recusal by Justice Farooq Haider, Justice Asim Hafeez was included in the larger bench. Justice Abid Aziz Sheikh heads the bench that comprises Justice Tariq Saleem Sheikh, Justice Chauhdry Muhammad Iqbal and Justice Muzamil Akhtar Shabbir.

Parvez Elahi, in his petition, argued that the governor had not written any letter to the chief minister, asking him to obtain a vote of confidence from the provincial assembly. It added that the governor was not authorised to summon a session when a current session was underway. A no-confidence motion was already submitted against the chief minister in the Punjab Assembly, it said, adding that Governor Punjab Engineer Mian Muhammad Balighur Rehman had neglected the Constitution and just followed advice of his lawyers.