LAHORE : Dec 20,2022: The Punjab is heading for a new constitutional crisis as speaker provincial assembly , Subtain Khan, has issued a ruling citing the Governor’s order to summon the session and ask chief minister , Chaudhary Pervez Elahi, to seek vote of confidence as illegal .
The speaker Punjab assembly gave a 2-page ruling on Tuesday and made the rules of business of the House its base whereby the Governor, in his opinion can not, summon a new session when the House was already in session.
Governor Punjab , Baleegh Ur Rehman , had summoned the session of the House on December 19 last and asked the chief minister to take vote of confidence .
The Governor’s order direct the chief minister to take vote of confidence from the House on December 21 (Wednesday) to show that as leader of the House enjoys the confidence of the majority.
Conflicting views on the Governor ‘s order of December 19,2022, can push Punjab province in constitutional and legal crisis again. The Punjab which is largest province of Pakistan had undergone through identical constitutional crisis some three months ago on the issue of election of the chief minister of the province.
The matter had taken ugly turns and this controversy remained unresolved till the matter landed in the court of law.
This time the constitutional crisis may be even of more serious nature as the matter resolves around power of the Governor and the House itself.
Under the article 137 of the constitution , the Governor can issue another order in case the chief minister does not take vote of confidence by taking the spirit of the ruling of the speaker that since the chief minister has failed to take vote of confidence as was directed in the first order hence he is not the chief executive of the province any more.
There is great possibility that the chief minister Punjab will imply the speaker’s ruling and will avoid to take vote of confidence and in t will invite a fresh order from the Governor and resultantly will lose his position as chief executive of the province.
In such a case , there is great possibility that the matter will finally land in the court of law.
Justice (Retd) Shiaq Usmani , gave his legal and constitutional expert opinion on the issue as a guest in a local TV channel show in the evening on Tuesday. He said the speaker Punjab assembly misunderstood the issue and gave a ruling to call the Governor ‘s order of December 19 illegal on the basis of the rules of business of the House. He said the constitution is clear and it says that the Governor can summon a session any time and ask the chief minister for taking vote of confidence . He told the anchor person in case the chief minister does not take oath no matter he derives his opinion from the ruling of the speaker or out of any other thing he will simply lose his office of the chief minister.He opined that in such a case the House would elect its leader .
