LAHORE: The Lahore High Court (LHC) has been asked to order the president and the prime minister to remove Punjab Governor Balighur Rehman for ‘unconstitutionally’ directing Chief Minister Parvez Elahi to seek a vote of trust from the house.

Mian Shabbir Ismail, a lawyer by profession, stated in a writ petition that the governor violated the Constitution by asking the chief minister for a vote of confidence and that too without any reasonable justification.

The petition filed through Advocate Azhar Siddique further contended that the order passed by the governor was not only against the mandate of the Constitution but also against the principles of democracy and the fundamental rights of the assembly members.

It pointed out that the relevant provision of the Constitution and the rules of the Punjab Assembly did not provide a reasonable time to the chief minister in case the governor instructed him to seek the vote of confidence.

It argued that Article 136 of the Constitution and the rule 22 of the Rules of Procedure of the Provincial Assembly of Punjab, 1997 needed to be interpreted by applying the principle of reading down by allowing a minimum time for taking a vote of confidence.

The petition asked the court to declare the orders passed by the governor for summoning of the session of the assembly during an ongoing session and requiring the chief minister to obtain a vote of confidence unconstitutional and void.

It further asked the court to order the president and the prime minister to remove the governor for not only transgressing his powers and authority but also violating various constitutional provisions and the rules of the assembly.

The petitioner asked the court to take up the petition during the winter vacation as there was urgency in the matter.

Published in Dawn, December 28th, 2022