Full Verdict: LHC restores Elahi as Punjab CM

The decision was made after Elahi submitted a written assurance to the court that he will not dissolve the assembly until next hearing.

The court directed all the respondents to submit their replies until the next hearing.

Elahi claims innocence over no-trust move

In the verdict, Elahi contended that merely difference of opinion between the Punjab Governor Balighur Rehman and Punjab Assembly Speaker Muhammad Sibtain Khan regarding holding of session could not be construed that Elahi was reluctant to obtain a vote of the members of the assembly, and to declare that the chief minister ceases to hold its office and provincial cabinet stands dissolved forthwith.

Further, he contended that just because no assembly session took place, it cannot be presumed that Elahi avoided taking vote of confidence and that there was no occasion to invoke rule 22(7) of the rules and to assume that he has lost confidence of majority of the members of the assembly.

Holding everything in stasis

The order, while suspending the orders of Punjab Governor calling for a session of the house and of de-notifying the chief minister, held that Elahi will not advise the governor to dissolve the assembly until the next hearing of the case on January 11.

However, the order would not stop Elahi from moving a resolution in the house seeking a vote of confidence from the house on his own.

Earlier, the Lahore High Court (LHC) on Friday reconstituted a five-member larger bench to hear a petition filed by Chaudhry Parvez Elahi against his de-notification as chief minister of Punjab.

Parvez Elahi assures court

The lawyer representing Parvez Elahi in the case assured the bench that his client will not dissolve Punjab Assembly if the court repeals the notification of the Punjab Governor resulting in his dismissal from office after he refused to take the vote of confidence from the assembly on his order.

Barrister Ali Zafar submitted the affidavit on Elahi’s behalf.

The governor’s lawyer that they were ready to withdraw the notification but asked the court to bind Elahi to take the vote of confidence.

The court inquired if Elahi was ready to take the vote of confidence within three days.

LHC adjourns case hearing till 6pm

The LHC bench has adjourned the case hearing till 6pm after PTI lawyer Ali Zafar sought time to submit affidavit that Punjab Assembly will not be dissolved without taking court into confidence.

Justice Abid Aziz Sheikh said the court will not suspend the mandate of the Constitution.

Reconstitution of bench

The previous larger bench created on Friday morning fell apart after Justice Farooq Haider recused himself from hearing the case because of his past association with Elahi.

Subsequently, Justice Abid Aziz Sheikh – who is leading the bench – sent the file back to the chief justice to reconstitute the bench.

Later on Friday, the bench was reconstituted under Justice Abid Aziz Sheikh.

In the new bench, Justice Asim Hafeez replaced Justice Farooq Haider.

Other members of the bench incldue Justice Tariq Saleem Sheikh, Justice Chaudhry Muhammad Iqbal, and Justice Muzammil Akhtar Shabbir.

Earlier, five-member larger bench of the Lahore High Court (LHC) on Friday started hearing a petition filed by Punjab Chief Minister Parvez Elahi against governor’s order which de-notified him as the provincial chief executive.

In the petition, Elahi maintained that the governor’s letter for taking a vote of confidence was not written to the chief minister but the speaker.

He argued that the governor cannot summon another session until the ongoing session was prorogued.