LAHORE: The Lahore High Court (LHC) on Wednesday allowed Chief Minister Parvez Elahi to remain the chief executive for one more day, as it observed that a chief minister was supposed to enjoy the trust of the majority of members in the house around the clock.

A larger bench made this observation during the hearing of a petition filed by the CM, challenging notifications of Governor Balighur Rehman wherein he had removed Mr Elahi for failing to comply with the governor’s directives for the trust vote.

As the hearing started, Justice Abid Aziz Sheikh asked whether the dispute on the trust vote had been settled. “The dispute would stand settled the moment the CM takes a vote of confidence,” governor’s counsel Khalid Ishaq responded.

Asked about the governor’s offer, the counsel told the bench that a considerable time had passed since the last hearing but Mr Elahi failed to seek a trust vote.

Justice Hafeez also observed that the CM had a reasonable time to seek the vote. Justice Sheikh asked the CM’s counsel about his view on the offer made by the governor.

After a half-an-hour break during which Elahi’s counsel consulted his client, Barrister Ali Zafar said his client refused the offer. Subsequently, the bench decided to pass a decision after hearing the arguments.

Barrister Zafar said the governor asked the chief minister for a vote of confidence without giving valid reasons. He added the speaker gave a ruling against the order, which was yet to be challenged.

Justice Hafeez observed one thing was certain the CM was required to have the trust of the majority all the time. “We have to examine the question of the assembly’s dissolution if the order of the governor is not implemented,” the judge added.

Barrister Zafar argued that the governor was competent to ask the chief minister for the trust vote if a majority of the MPAs belonging to the ruling party told him that they had lost trust in the CM. He said the intention behind the trust vote and a no-trust vote was to stop the dissolution of the assembly.

The bench observed that it was unfortunate the offices of the governor and the speaker were constitutionally neutral but they appeared to have acted as spokespersons to their respective parties. The bench adjourned further hearing till today.

Published in Dawn, January 12th, 2023