In Punjab, the tension between the Speaker of the Punjab Assembly and the Governor of Punjab has intensified due to which there is a fear of a constitutional crisis once again.
According to the report of Dawn newspaper, Speaker Punjab Assembly Sabtain Khan rejected the directive of Governor Punjab Balighur Rehman to Chief Minister Punjab Pervez Elahi to take a vote of confidence in the special assembly session as illegal and against the provisions of the constitution.
In a 2-page decision, Speaker Punjab Assembly clarified that the Governor's orders are not in accordance with Article 54(3) and Article 127, the session of the House is ongoing from October 23, 2022 and under Article 54(3) and 127, the current No new meeting can be called until the meeting is over.
Referring to the case of Mian Manzoor Ahmad Vito vs. Federation of Pakistan, Sabatin Khan said that the Chief Minister of Punjab has to be given a full 10 days to get the vote of confidence, this mandatory period is not there in the Governor's order.Later, the Speaker of the Punjab Assembly convened a session of the House on the afternoon of December 23, due to which the no-confidence motion and the orders of the Governor of Punjab have become ineffective.
However, both sides are still sticking to their respective positions, which is sure to start a fierce constitutional battle that will further exacerbate the already volatile political situation.
Legal experts believe that if Pervez Elahi fails to get a vote of confidence by Governor Punjab Baligh-ur-Rehman's deadline (today at 4 pm), then the post of Chief Minister Punjab will become vacant, leaving the province in a serious constitutional crisis. will fall under the influence .
Advocate Osama Khawar warned that legal action could be taken against the facilitators of such constitutional adventures, which would be exactly the situation when the court in April this year after the no-confidence motion against former Prime Minister Imran Khan. had declared a few people guilty of violating the constitution.
He warned that "action was not taken against these people at that time, but that does not guarantee that the same will not happen next time."
He further said that after the 18th Amendment, Article 130 and sub-clause 7 gives discretionary powers to the Governor, like the President at the Centre, it is the Governor who calls and determines the vote of confidence in the province. , the Chief Minister assumes office at his will, this is not an interpretation of the Constitution, but this is the Constitution itself'.
Advocate Supreme Court Malik Owais Khalid concurred with this opinion and said that 'Article 130 and sub-section 7 thereof, which deals with the subject, clearly states that the Governor may, in his discretion, decide that the Chief Minister When does it need a new mandate from the House?
He said that this is a vested authority which does not require emergency conditions, the only requirement is that the Governor, Chief Minister should fix the time to go through this process and the procedure is also final, if the prescribed time is not met. If the proceedings are not completed inside, it will be considered that the Chief Minister has lost the confidence of the House and his seat.
Legal experts are also clear about the possible consequences of this situation, they said that if the process of vote of confidence is not completed by this afternoon, the current Chief Minister will not only lose his position, but he will also not work as caretaker Chief Minister. can do
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