Lahore HC reinstates Punjab CM after governor's denotification

A top court here on Friday set aside the Punjab governor’s order and reinstated Chaudhry Parvez Elahi as the chief minister and his cabinet “conditionally” after he gave an undertaking that he would not dissolve the provincial assembly on the ''wish'' of ousted prime minister Imran Khan.

The Lahore High Court’s larger bench headed by Justice Abid Aziz Shaikh held the hearing on Elahi’s petition challenging Punjab Governor Balighur Rehman’s order to de-notify him as the chief executive of the province and his cabinet on ''shabby grounds''.

The largest province of the country plunged into a constitutional crisis after the governor in the early hours of Friday denotified Elahi as chief minister for “not complying with his order to obtain the vote of confidence from the Punjab assembly”.

The governor, who belongs to Pakistan Muslim League-Nawaz (PML-N) party, has taken the step to stop 70-year-old Khan from dissolving the Punjab assembly.

The court sought Elahi’s counsel Barrister Ali Zafar to seek assurance from his client that he would not dissolve the assembly if he was restored.

Elahi, who is from Pakistan Muslim League (Quaid e Azam Group) (PML-Q), agreed to give an undertaking reportedly after speaking to his party’s senior coalition partner Khan -- the chairman of Pakistan Tehreek-e-Insaf (PTI).

“If I and my cabinet are reinstated, then I will not send the Punjab Assembly dissolution summary to the governor till the next hearing (on January 11),” Elahi said in his undertaking submitted to the Lahore High Court.

Barrister Zafar in his arguments said if the governor thinks that the chief minister has lost his majority, he can call for a vote of confidence and a separate session can be held for it.

But the governor cannot direct the chief minister to obtain a vote of confidence while the assembly is in session, he argued.

The governor, he said, had asked the Chief Minister to take the vote of confidence last Wednesday by calling a fresh session while the assembly was already in session.

Zafar also assured the court that Elahi is ready for a vote of confidence from the assembly provided the rules of the procedure are followed.

The court observed: “If the governor has called for a vote of confidence, his orders should have been implemented.” The court adjourned the hearing till January 11 and directed the respondents to submit a reply.

Talking to reporters after the LHC’s verdict, Elahi’s son, Moonis Elahi, said: “We respect the judiciary. However, Elahi will obtain a vote of confidence from the assembly and subsequently dissolve it the same day.” PTI senior leader and former information minister Fawad Chaudhry said Elahi had given an undertaking to the court because of a ''technical reason''.

“However, the Punjab assembly has to be dissolved,” he added. Khan had announced to dissolve the Punjab and Kyber Pakhtaunkhawa assemblies where his party is in power to push the federal coalition led by PML-N to call for snap polls.

Punjab has not seen political stability since the ouster of cricketer-turned-politician Khan through a “vote of no confidence” in April and several petitions are still pending before the courts relating to the chief minister’s election.