The political situation in Punjab seems to be facing a new controversy. Governor of the province Muhammad Balighur Rahman had directed Punjab Chief Minister Chaudhry Parvez Elahi to seek a vote of confidence from the assembly on Wednesday, December 21. On the other hand, Speaker Punjab Assembly Sabtain Khan has refused to call a special meeting to take the Chief Minister's vote of confidence on the advice of the Governor.
Speaker Punjab Assembly Sabtain Khan said that it is illegal for the governor to call a meeting at a time when the assembly is already in session.
Political parties have their point of view but the real question is what the constitution and law of the country says in this situation. Former governor of Punjab and legal expert Shahid Hamid has said in a special talk to Urdu News that the Governor's direction to the Chief Minister to take a vote of confidence is a purely constitutional matter. It is written in sub-clause 7 of Article 30 of the Constitution that the Governor can direct a vote of confidence through a special meeting.
He said that there are total 245 Rules of Business of Punjab Assembly. I have not come across any such clause or maybe my knowledge is weak which says that if the Governor calls a special meeting for a vote of confidence and the first meeting is in progress then the special meeting cannot be called.
Shahid Hamid further said that 'if there was such a restriction, it should have been mentioned in the same constitutional clause or in the rules of business, because it is a common case that if a chief minister knows that he has to take a vote of confidence. It can be said that he can already prolong the session for a long time with the connivance of the Speaker, then the power of convening a special session given only to the Governor by the Constitution becomes completely meaningless.
It should be noted that the current rules of the Punjab Assembly were made in the year 1997 and their total number is 245. These rules contain all the procedures by which the affairs of the assembly are conducted.
According to the rules, the meeting is convened by the governor and its gazette notification has to be issued by the speaker of the provincial assembly. In the present situation, the Speaker has refused to issue the notification for convening the meeting.
Barrister Ahmed Pinsota has a different opinion on this subject. He says that if you look at the Rules of Business of the Punjab Assembly, they completely cover the powers of the Speaker and it is clearly written in these rules that if the Assembly is in session, no motion against the Chief Minister should be made. could go.'
When he was asked what the assembly rules say about the vote of confidence, he said that the rules are silent in this regard, so the rules that are being used for no-confidence will be used here as a precedent. . Because the meeting is ongoing, its agenda is also there and the vote of confidence on the agenda is not there.
However, Shahid Hamid does not agree. He says that the no-confidence motion is a matter of Assembly rules, while the vote of confidence is a constitutional issue.
When he was asked this question, if the speaker does not call the meeting, what will happen next, will the matter go to court? So he said, 'I don't think this is a judicial matter because if the day and time the governor has decided to take the vote of confidence for the Chief Minister, if he does not take the vote of confidence at that time, then he will not be the Chief Minister automatically. will Because this will be the perception that the Chief Minister does not have numerical superiority.
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