KARACHI: While almost all lawyers and legislative experts agree that the Chief Minister has the power to ask the Governor. The Provincial Assembly should be dissolved.It is likely that the Punjab case will at least reach the courts.
Journalist and lawyer Muneeb Farooq said: “Article 112 is quite straightforward: No Chief Minister against whom a no-confidence vote has been passed can advise the Governor to dissolve the Assembly. In the case of the Punjab Assembly, Elahi K. No notification of vote of no-confidence against has been issued as the meeting has been in progress for some time and has not been adjourned, therefore the motion of no-confidence is passed.- No confidence is moved. And, since the resolution is moved. It has not been done, the notice has not been issued so technically the Chief Minister can dissolve the Assembly but it can go to court at the end of the day.”
Farooq said that to move a no-confidence motion, the session should be new, not existing. And for the matter to end up in court, the opposition could “turn around and say well we had our resolution ready but since the meeting was not adjourned and a new meeting was not convened for this particular purpose, we moved the VONC.” were not able to… This is a very important point. So, technically yes the assembly can be dissolved but there will be a problem. I think it will end up in the courts.”
Supreme Court lawyer Salman Raja said that it is not. [provincial] Government that has dissolved. [in such a case]But the assembly which is dissolved and the provincial government is dissolved as a result of the dissolution of the assembly.
Raja added that a chief minister, however, “cannot dissolve the assembly if a no-confidence vote is pending against him”. On whether there is any restriction on how many times a no-confidence motion can be moved against a sitting chief minister in a few months, Raja clarified that there is no longer any restriction even though the first no-confidence motion Could not be given. A case should be prosecuted against the Chief Minister twice in six months.
Raja also said that after the recent decisions of the Supreme Court, the party members are bound to follow the decisions of the parliamentary party. “In any case, it is the chief minister’s prerogative to ask the governor to dissolve the assembly – in which case the governor has only to do so,” he said.
PLDAT President Ahmad Bilal Mehboob agreed that the constitution stipulates that the chief minister cannot dissolve the assembly if a no-confidence motion is pending.
Description of the post-process Dissolution of the AssemblyMehboob said: “Moving a no-confidence motion against a chief minister will make it impossible to dissolve the assembly while the motion is pending. Under the constitution, the assembly within 90 days after the dissolution of the assembly.” fresh elections are called for.Each assembly can be elected separately and there is no constitutional provision to hold elections to all assemblies simultaneously.
If the PTI members resign from the Punjab and Khyber Pakhtunkhwa Assemblies, then technically the Assemblies can continue to function and a new Chief Minister can be elected, but since the opposition has only 33% seats in the KP Assembly, it Politically strange it may sound, that’s why the governor rules. A possibility too. The PML-N and its allies have a little less than 50 percent seats in the Punjab Assembly, so if the PTI resigns, it will be relatively easy to take over the government in Punjab.
On whether any resignation would be accepted or could proceed in the National Assembly, Ahmed Bilal Mehboob said that since the Speaker of both the Punjab and KP Assemblies also belonged to the PTI, he was not on it. Will sit. The matter of resignations is currently in the National Assembly. If the resignations are processed and sent to the ECP, by-elections will become inevitable. Holding by-elections on such a large number of seats would not only be very expensive but would also be politically embarrassing. “It’s still possible. It’s a test of nerves and only time will tell who blinks first,” opines Mehboob.
Lawyer Abdul Moeez Jafari agreed with the ban on the no-confidence vote and said that the Muslim League (N) would have to move the no-confidence motion first. [in the case of Punjab] cm Chaudhry Parvez Elahi writes to the governor.” Jaffrey, however, feels that: “Ilahi will precisely engineer this outcome – so that he will be unable to fulfill the Khan’s wishes, even if he formally puts it before him. be given.”
According to High Court lawyer Abuzar Salman Khan Niazi, “According to Article 112, once the Chief Minister gives his advice. [for a dissolution of assembly]The Provincial Assembly is automatically dissolved after 48 hours. It can happen earlier if the governor dissolves it first. He also said that if a no-confidence motion is reported, then the Chief Minister cannot act to dissolve the assembly.
Originally published in The News.