SC should take suo motu notice of LHC reinstating Elahi as CM: Sanaullah

  • Interior minister says have started preparing for elections in Punjab
Updated 24 Dec, 2022

Interior Minister Rana Sanaullah said on Saturday that the Supreme Court (SC) should take suo motu notice over Lahore High Court’s (LHC) decision of reinstating Chief Minister Parvez Elahi and his cabinet.

In a presser, the interior minister said that due to the LHC’s verdict, there will be fear of horse trading in Punjab.

The minister said that Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan had announced to dissolve provincial assemblies of Punjab and Khyber Pakhtunkhwa but he could not do so.

He further said assemblies should complete their term, adding that the assembly which will be dissolved will have an election.

“We have started preparing for the election in Punjab,” Sanaullah said.

On Friday, Lahore High Court reinstated Elahi and his cabinet after he assured the court that he would not dissolve the provincial assembly after regaining control of the office.

LHC reinstates Parvez Elahi as Punjab Chief Minister

The court had asked Elahi to submit an undertaking that he would not dissolve the assembly as the move would worsen the ongoing political turmoil in the province.

Elahi’s counsel Barrister Ali Zafar explained to the court how the governor’s notification to remove his client as chief minister was against the constitution. He also explained the two constitutional steps that can be used to remove a chief minister – through a no-confidence motion and the vote of confidence advised by the governor.

“If the governor feels the chief minister has lost his majority, then a session can be called in for the purpose,” Barrister Ali Zafar said, adding that in this case, CM Elahi enjoys the support of PTI, the single largest party in the provincial assembly and its ally, PML-Q.

“Only if PTI says that it is not with the chief minister then it can be said that Elahi has lost the majority but the governor cannot ask the CM to take a vote of confidence in two hours,” said Zafar.

“All members need to be sent a notice,” maintained Elahi’s counsel. He added that at times some lawmakers are abroad so the speaker can give 10 days of notice.

‘Assemblies have to be dissolved’

PTI leader Fawad Chaudhry said that the Governor’s notification to de-notify Parvez Elahi as Punjab chief minister was unconstitutional and the court order had nullified it.

Addressing the media in Lahore right after the court’s decision, Fawad said that the provincial assemblies would be dissolved, after all, noting that the chief minister had delayed the dissolution until the next hearing, which is due on January 11, 2023.

The PTI leader said the governor went out of the way and violated the Constitution, but could send an elected chief minister home.

Fawad added that the Punjab chief secretary was pressurised to implement the governor’s unconstitutional order, claiming that he was even manhandled and locked up in a room.

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