SHC moved to direct Prime Minister to seek a vote of confidence: notice issued to DAG

Sindh High Court on Friday issued a notice to Deputy Attorney General to assist the court on a petition seeking direction for the President to summon National Assembly session wherein Prime Minister Yousuf Raza Gilani should obtain a vote of confidence.
A division bench, comprising Chief Justice Mushir Alam and Justice Syed Hasan Azhar Rizvi, was hearing a petition requiring PM Gilani to either get a vote of confidence from House or resign. Petitioner's Advocate Rasheed A Akhund, an associate of late premier Zulfikar Ali Bhutto, filed petition citing President Asif Ali Zardari, PM Yousuf Raza Gilani, Ministry of Law and Parliamentary Affairs, PML-N, PML-Q, MQM and Election Commission of Pakistan as respondents.
He claimed PM Gilani had lost confidence of majority of members since Muttahida Qaumi Movement left coalition government in February 2011. He argued government was now unconstitutional under parliamentary form which envisaged government by majority of members.
He submitted present minority coalition government ruling federation consists of political parties including PPP, ANP and PML-F, having 163 seats while non-government majority of members or Opposition, including MQM and JUI-F, had 177 seats in assembly. This showed minority of 163 members was in government while 177 members, who formed majority, happened to be in opposition.
He said in this situation the government had lost majority, therefore, PM should have either resigned as provided under Article 91(8) of Constitution or advised President to dissolve assembly under Article 58 (1). Now, if PM Gilani does not act either way it is constitutional duty of President under Article 91 (7) to summon assembly session and ask Prime Minister to obtain a vote of confidence from House.
He alleged both President & Prime Minister were acting in their self-interest to continue to stick to power instead of national interest and were violating the commands of Constitution. Similarly, Pakistan Muslim League-N second-largest party was also acting in their political interests by refraining from invoking Article 95 (4) to move a no-confidence motion against PM.
The rule by minority government was failure of Parliamentary democracy as it cannot pass laws under articles 141 and 142 of Constitution, which can only be passed by majority of Parliament. He prayed to direct President to summon assembly under Article 91(7) requiring Prime Minister to obtain a vote of confidence from assembly and restrain PM to exercise his executive functions under the Constitution and act as caretaker PM during the national elections under Article 91 (10) until he gets fresh national mandate or is replaced by another member commanding majority. After preliminary hearing, SHC division bench wrote in its order: "In first instance, let notice be issued to learned DAG to assist the Court."