WEB DESK
Federal Interior Minister Rana Sanaullah on Wednesday said that if the session for a vote of no-confidence is not summoned for 4 pm today on the directives of Punjab Governor Balighur Rehman, Punjab Chief Minister Parvez Elahi will cease to hold his office.
At that point, Governor Balighur Rehman would, after confirming from his sources if the session was held or not, would declare that the session was not held and would initiate a process to write to Prime Minister Shehbaz Sharif and point to how the Constitution was not being implemented and that Governor Rule should be implemented in the province to restore the Constitution.
He said this while speaking to a news channel. He reiterated that the governor had called a session of the house. Sanaullah said that Section 130 (7) says that the chief minister shall act at the ‘pleasure of the Governor’.
Section 130 – 7: The Chief Minister shall hold office during the pleasure of the Governor, but the Governor shall not exercise his powers under this clause unless he is satisfied that the Chief Minister does not command the confidence of the majority of the members of the Provincial Assembly, in which case he shall summon the Provincial Assembly and require the Chief Minister to obtain a vote of confidence from the Assembly.
If the chief minister does not hold the vote of confidence, then the governor can denotify them, Sanaullah said.
Thereafter, he said that the governor can write to the
Asked what would happen after the imposition of Governor Rule, Sanaullah said that the constitution would be restored and the assembly would be asked to elect a new leader of the house.
“You cannot give an undated, signed summary for dissolution of the assembly to the former prime minister and Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, that is akin to toying with the entire constitutional process,” Sanaullah said, adding that Elahi in a televized interview has already stated that 99% of his parliamentary party was against the dissolution of the assembly.
“If the session is not called today, it would mean they have refrained from calling a vote of no confidence,” he said, adding that Elahi would cease to remain as the chief minister of Punjab and will be unable to advise the Governor to dissolve the assembly.
Governor rule
In the event, the vote of no confidence is not held and Elahi ceases to remain the chief minister, the Governor can then initiate a process to impose governor rule in the province.
“There is Article 234 of the Constitution,” the federal interior minister said.
In the event the chief minister and speaker refuse to the directives of the Governor, he can write to the PM and say the Constitution is not being implemented in the province and that governor rule should be implemented in the province.
Subsequently, PM Shehbaz can advise President Dr Arif Alvi to impose governor rule in the province.
Section 234:
Power to issue Proclamation in case of failure of constitutional machinery in a Province. (1) If the President, on receipt of a report from the Governor of a Province 667[] 667, is satisfied that a situation has arisen in which the Government of the Province cannot be carried on in accordance with the provisions of the Constitution, the President may, or if a resolution in this behalf is passed 668[by each House separately] 668 shall, by Proclamation, (a) Assume to himself, or direct the Governor of the Province to assume on behalf of the President, all or any of the functions of the Government of the Province, and all or any of the powers vested in, or exercisable by, any body or authority in the Province, other than the Provincial Assembly; (b) Declare that the powers of the Provincial Assembly shall be exercisable by, or under the authority of, 669[Majlis-e-Shoora (Parliament)] 669; and (c) Make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of the Constitution relating to any body or authority in the Province.
