Punjab Governor Balighur Rehman on Wednesday night submitted a reply to the previous day’s ruling of Punjab Assembly Speaker Sibtain Khan, declaring it “illegal and unconstitutional” for the latter to not allow a vote of confidence for Chief Minister Parvez Elahi.
On Tuesday, the governor had summoned a session of the Punjab Assembly for Wednesday at 4 p.m. so Elahi could seek a vote of confidence ahead of a stated plan by him—and ally Pakistan Tehreek-e-Insaf—to dissolve the provincial assembly. However, the speaker—a member of the PTI—had refused to cater to the order, terming it against the Constitution, and adjourned an ongoing session until Friday, when he said the matter of a no-trust motion against the chief minister would be taken up..
In his three-page reply, Rehman said that Khan’s stance that the governor could not summon a fresh session so long as a session of the Punjab Assembly was ongoing was incorrect as it was “implied” that he would prorogue the current session and summon a new session for vote under Article 130(7) of the Constitution. Similarly, he added, a sitting of the Assembly could have been summoned solely to vote.
“Nowhere does the Constitution prevent Article 130(7) to take effect if the Assembly is already in session,” he wrote, stressing that Khan’s reading of the Constitution rendered Article 130(7) redundant if a session persisted indefinitely.
The governor also criticized the speaker’s citing of a Lahore High Court judgment, saying the facts were “clearly distinguishable,” as the chief minister had not been suspended as in the earlier case and there was nothing preventing him from requiring the chief minister to obtain a vote of confidence. Referring further to Khan’s ruling claiming 10 days were mandatory for a vote, Rehman wrote that this was “misplaced” as the Constitution does not mandate any time period for a vote of confidence, as compared to a vote of no-confidence which must be conducted no later than seven days from the day on which the resolution is moved.
The governor’s reply goes on to say that the speaker’s ruling is in violation of Rule 209 of the Rules of Procedure of Punjab Assembly, noting that no ruling can be issued without a point of order, which was not raised on Dec. 20. Urging the speaker to not act in a “partisan” manner, he suggested that the ruling had attempted to help and aid the chief minister in refraining from his duty to submit to a vote of confidence. “When discharging constitutional responsibility, the speaker shouldn’t consider personal preference. He is bound to honestly and impartially fulfil his duties,” he wrote, emphasizing that Khan had sworn to an oath as speaker under the Constitution and cannot deviate from it.
Elahi’s disqualification
The governor’s response came as speculation mounted over him issuing a notification de-seating the chief minister, with Interior Minister Rana Sanaullah earlier claiming this was inevitable if Elahi did not secure a vote of confidence. However, he later clarified, this was the prerogative of the governor and he could issue an order to remove the chief minister at any time of his choosing.
The PMLN has also hinted at the imposition of governor’s rule through a resolution in a joint session of Parliament, but there has been little movement on this threat as yet.
Separately, the PA speaker has reportedly sent a letter to President Arif Alvi seeking the removal of Governor Rehman over “unconstitutional measures.” However, this is unlikely to have any impact as while the president has the authority to remove the governor under Article 101(3), he must do so at the behest of the prime minister. Announced by Punjab minister Raja Basharat in a posting on Twitter, this was subsequently deleted with the PTI now denying that announcement was ever made.