BEFORE THE HONOURABLE LAHORE HIGH COURT,

LAHORE

W.P. NO. _________/2022

Chaudhary Parvez Elahi Son of Chaudhary Manzoor

Elahi, R/o House No. 30-C, Zahoor Elahi Road,
Gulberg-II, Lahore.

…. Petitioner
VERSUS

1. Governor Punjab through its Principal Secretary,

Governor House, Shahra-e-Quaid-e-Azam, Lahore.
2. Government of Punjab through its Chief Secretary,
Civil Secretariat, Lahore.
3. Speaker Provincial Assembly Punjab through its
Secretary, Punjab Assembly Building, Shahrah-e-
Quaid-e-Azam, Lahore.
…. Respondents

WRIT PETITION UNDER ARTICLE 199 OF THE

CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN,
1973.

May it please the Honourable Court

INTRODUCTION
1. That the names and addresses of the parties as given
in the heading of the instant petition are sufficient for
the purposes of effecting the service on the parties.

2. That the Petitioner is a citizen of Islamic Republic of

Pakistan as defined under Article 260 of the
 Constitution of Islamic Republic of Pakistan, 1973
(the “Constitution”) and is member of Provincial
Assembly of Punjab as well as Chief Minister of the
province of Punjab.

3. That through the instant petition, the Petitioner

intends to challenge the orders issued by the
Respondent No.1 dated 19-12-2022 &22-12-2022
regarding the summoning of the session of Punjab
Assembly for vote of confidence and declaration that
the Petitioner does not command the confidence of
the majority of the Punjab Assembly respectively, as
well as the subsequent notification of the Respondent
No.2 issued to effectuate the impugned order dated
22-12-2022 passed by the Respondent No.1.

BRIEF FACTS
4. That brief facts leading to file the instant petition are
as follows:-
i. That the Petitioner became the Chief Minister
Punjab on 27-07-2022 by securing 186 votes of
the members of the provincial assembly of
Punjab on 22-07-2022.

ii. That on 19-12-2022, the Respondent No.1

issued an order summoning the session of the
Punjab Assembly and requiring the Chief
Minister of the Punjab (The Petitioner) to obtain
a vote of confidence on 21-12-2022 in terms of
Article 130 (7) of the Constitution of Islamic
Republic of Pakistan, 1973. [Copy of the
 Impugned Order is attached herewith as
‘Annexure-A’]

iii. That in response to the summoning of the

session of Provincial Assembly of Punjab by the
Respondent No.1 vide order dated 19-12-2022,
the Respondent No. 3 gave a ruling on 20-12-
2022 declaring the summoning of session by the
Respondent No. 1 to be unconstitutional and
adjourned the ongoing session till 22-12-2022.
[Copy of the Ruling is attached herewith as
‘Annexure-B’]

iv. That the Respondent No. 1 has passed the

impugned order dated 22.12.2022 by relying
upon the legal opinions given by few Advocates,
wherein it has been declared that the Petitioner
ceases to hold his office of Chief Minister Punjab
on the ground that the Petitioner has refrained
from obtaining the vote of confidence as required
by the Respondent No. 1 vide order dated 19-12-
2022. [Copy of the Impugned Order dated
22.12.2022 alongwith legal opinions rendered by
the Advocates are attached herewith as
‘Annexure-C&C/1’]

v. That in pursuance of the impugned order

[unlawful] of the Respondent No. 1, the
Respondent No.2 has issued the impugned
Notification No. SO (CAB-II)2-12/2018(Vol-II)
dated 22-12-2022 giving effect to the impugned
order [unlawful] passed by the Respondent No.1.
 [Copy of the Impugned Notification is attached
herewith as ‘Annexure-D’]

5. That the impugned order passed by the Respondent

No.1 as well as notification issued by the Respondent

No.2 are illegal, without lawful authority and of no

legal effect on the following amongst other:

GROUNDS

A. That the impugned orders dated 19-12-2022 and

22-12-2022 passed by the Respondent No.1 have
been passed without lawful authority and are of no
legal effect.
B. That impugned order dated 19-12-2022
summoning the session of Punjab Assembly for
vote of confidence is unlawful for the following
reasons:
i. Session of the Provincial Assembly is
summoned either by:
a) The Governor under Article 109 of the
Constitution (session having been
summoned by the Governor is required
to be prorogued only by the Governor); or

b) The Speaker under Article 54(3) read

with Article 127 of the Constitution on a
requisition by the members of the
Assembly (session having been
summoned by the Speaker is required to
be prorogued only by the Speaker).
ii. Effect of summoning and prorogation order
by Governor or, as the case may be, the
Speaker has to be notified in the official
gazette by the Secretary Assembly under
rule 3 and 4 of the Rules of Procedure of
the Provincial Assembly of the Punjab
1997.
iii. Assembly is already in session
summoned by the Speaker under Article
54(3) read with Article 127 of the
Constitution, which was notified by the
Secretary Assembly under rule 3 of the
Rules of Procedures of Provincial Assembly
of the Punjab 1997. The said session is in
progress and may only be prorogued by the
Speaker.
iv. During the currency of a session having
been summoned by the Speaker, a new
session cannot be summoned by the
Governor until and unless the ongoing
session is prorogued by the Speaker.
v. As held by a three-member bench of the
Honourable Lahore High Court in Manzoor
Ahmad Wattoo v. Federation of Pakistan,
PLD 1997 Lahore 38, the question of
confidence in the Chief Minister in
terms of Article 130 (7) of the
Constitution can be determined only in
a session which is especially summoned
for this purpose.
vi. Governor, earlier, vide Notification No.PA:4-
01/2018(41st Session) dated 14.06.2022
 summoned the 41st Session of the Assembly
at Aiwan-e-Iqbal, Edgerton Road, Lahore,
however, the said session was never
prorogued by the Governor. That being
the case, the Governor is not empowered
to summon the session requiring the
Chief Minister to obtain a vote of
Confidence.
C. That without prejudice to the unconstitutionality of
the Respondent No.1’s act of summoning the
session of Punjab Assembly during the already
ongoing session, it is respectfully submitted that
the respondent No.1 neither the appointing
authority of the petitioner nor has power to remove
the petitioner, and there is no constitutional
provision enabling the Respondent No. 1 to pass
the impugned order dated 22.12.2022 and
declaring that the Petitioner ceases to hold his
office of Chief Minister Punjab.
D. That without prejudice to the objection raised
regarding the authority of the Respondent No.1, it
is respectfully submitted that the impugned order
passed under rule 22(7) of the Rules of Procedure
of the Punjab Assembly 1997 is not sustainable
because it has been passed due to grave
misconstruction of the facts.
Under rule 22(7) of the Rules of Procedure of the
Punjab Assembly 1997, it can ONLY be deemed
that the Petitioner does not command confidence of
the majority of the Punjab Assembly IF THE
PETITIONER HAS REFRAINED FROM OBTAINING
THE VOTE OF CONFIDENCE. In the instant case
 there is no eventuality which gives the impression
that the Petitioner has refrained from obtaining the
vote of confidence.
E. That the impugned order dated 22.12.2022 is
not sustainable as the resolution of vote of no
confidence moved by the 20 precentum is
pending before the Provincial Assembly, and
the impugned order would make the resolution
in-fructuous which would undermine the right
of members of the Provincial Assembly
regarding the vote of no confidence against the
petitioner/Chief Minister.
F. That the order passed by the Respondent No.1 is
not only against the mandate of the Constitution
but also against the principles of democracy as the
same is making the arbitrary dictates of the
Respondent No.1 prevalent over the conscience of
the members of the Provincial Assembly of Punjab
who have voted in favour of the Petitioner on 22-
07-2022 and elected him as Chief Minister Punjab.
G. That the order passed by the Respondent No.1 is
violative of Article 17 of the Constitution as the
same is infringing the fundamental rights of the
members of the provincial assembly who have
voted in favour of the Petitioner as well as the
fundamental rights of the citizens of Province of
Punjab.
H. That the order passed by the Respondent No.1,
along with being violative of the fundamental rights
of the members of the Provincial Assembly of
Punjab, is also violative of the fundamental right of
the citizens and residents of the Province of Punjab
 as their province is being deprived from the
governance by the duly elected Chief Minister.
I. That it is clear principle of law that a
superstructure built upon unlawful base, would
fall to the ground because of it unlawful base.
Since the order passed by the Respondent No.1 is
unlawful and of no legal effect, the consequent
notification issued by the Respondent No. 2 is also
of no legal effect.
J. That the Petitioner seeks leave of this Honourable
Court to raise and/or urge additional grounds
during the proceedings in the instant petition.
In view of the foregoing, it is
respectfully prayed that the instant petition
may kindly be accepted, and the impugned
ordersdated 19-12-2022 and 22-12-2022
passed by the Respondent No.1 may
graciously be declared to be passed without
any lawful authority and is of no legal
effect.
It is further prayed that it may kindly
be declared that the summoning of the.
Session of Punjab Assembly by the
Respondent No.1 during the already ongoing
session is unconstitutional, unlawful and of
no legal effect.
It is also prayed that it may graciously
be declared that there is no eventuality
which leads to the conclusion that the
Petitioner does not command the majority of
the members of the Punjab Assembly.
It is further prayed that it may kindly
be declared that the Petitioner does not
cease to hold his office of Chief Minister
Punjab.
It is further prayed that the dissolution
of the Provincial Cabinet in the impugned
order may kindly be declared unlawful.
 It is further prayed that it may
graciously be declared that the Respondent
is not an outgoing Chief Minister under
Article 133 of the Constitution, but he is a
Chief Minister duly elected under Article
130(4) of the Constitution of Islamic
Republic of Pakistan 1973.
It is also prayed that the
subsequentimpugned notification issued by
the Respondent No. 2 may also kindly be
declared unlawful and of no legal effect.
Any other relief as may found fit and
appropriate by this Honourable Court may
also be granted.

Petitioner
Through

BARRISTER SYED ALI ZAFAR

Advocate Supreme Court

AMIR SAEED RAWN

Advocate Supreme Court

ADAM SAEED RAWN

Advocate High Court

IMDAD HUSSAIN CHANDIO

Advocate High Court
THE LEGAL XPERTS
17- Bank Square
The Mall, Lahore
Dated: 23.12.2022
CERTIFICATE:-
As per instructions this is the first petition on the subject
matter which has arisen due to violation of fundamental
rights.

ADVOCATE
 BEFORE THE HONOURABLE LAHORE HIGH COURT,
LAHORE

W.P. NO. _________/2022

Chaudhary Parvez Elahi

VERSUS
Governor Punjab & others

AFFIDAVIT OF
Chaudhary Parvez Elahi Son of Chaudhary Manzoor
Elahi, R/o House No. 30-C, Zahoor Elahi Road,
Gulberg-II, Lahore.
I, the above named deponent do hereby
solemnly affirm and declare as under: -
1. That the contents of accompanying writ petition may
be treated as an integral part of this affidavit.
2. That the contents of the accompanying writ petition
are true and correct to the best of my knowledge and
belief and nothing has been concealed therein.

DEPONENT

VERIFICATION:-
Verified on oath at Lahore on this 23rd day of December,
2022, the contents of the above affidavit are true and
correct to the best of my knowledge and belief.

DEPONENT
 BEFORE THE HONOURABLE LAHORE HIGH COURT,
LAHORE

W.P. No. _________/2022

Chaudhary Parvez Elahi

VERSUS
Governor Punjab & others

INDEX
Sr.# DESCRIPTION DATED Pg. #
1 Writ petition with 23.12.22 1-10
affidavit
2 Copy of impugned order A 19.12.22 11-12
of respondent No.1
3 Copy of Ruling of B 20.12.22 13-14
Speaker
4 Copy of impugned order C 22.12.22 15
of respondent No.1
5 Copy of legal opinion of C/1 16-26
Advocates
6 Copy of impugned D 22.12.22 27
notification of
respondent No.2
7 Dispensation application 23.12.22 28-29
with affidavit
8 Stay Application with 23.12.22 30-32
affidavit
9 Power of attorney
Petitioner
Through

BARRISTER SYED ALI ZAFAR

Advocate Supreme Court

AMIR SAEED RAWN

Advocate Supreme Court

ADAM SAEED RAWN

Advocate High Court

IMDAD HUSSAIN CHANDIO

Advocate High Court
THE LEGAL XPERTS
17- Bank Square
The Mall, Lahore
 BEFORE THE HONOURABLE LAHORE HIGH COURT,
LAHORE

C.M No.____________/2022
IN
W.P. No. _________/2022

Chaudhary Parvez Elahi

VERSUS
Governor Punjab & others

APPLICATION under section 151 CPC to Dispense with

Certified copies of documents.
Respectfully Submitted:

1. Th a t th e a pplican t has file d the

a ccompan ie d Writ pe tition in wh ich n o da te
h a s ye t been fixe d.

2. Th a t the true ph oto copies of th e origina l

docume n ts ha ve been submitte d in support
of th e writ pe tition a s the a tte sted copie s
a re n ot rea dily a va ila ble a t pre sen t. An yh ow
the sa me sh a ll be provide d if a n d whe n
re q uire d by th is Hon `ble court.

I t is there fore , most respectfully pra ye d

th a t the a bove sa id e xe mption may
gra ciously be gran te d for filin g of a tte ste d
copies of the a nne xure an d the ca se ma y
kin dly be hea rd a s it is.

Petitioner
Through
AMIR SAEED RAWN
Advocate Supreme Court
 BEFORE THE HONOURABLE LAHORE HIGH COURT,
LAHORE

C.M No.___________/2022
IN
W.P. No. _________/2022

Chaudhary Parvez Elahi

VERSUS
Governor Punjab & others

(Dispensation Application)

AFFIDAVIT OF
Chaudhary Parvez Elahi Son of Chaudhary Manzoor
Elahi, R/o House No. 30-C, Zahoor Elahi Road,
Gulberg-II, Lahore.
I, the above named deponent do hereby
solemnly affirm and declare as under: -
1. That the contents of accompanying dispensation
application may be treated as an integral part of this
affidavit.
2. That the contents of the accompanying dispensation
application are true and correct to the best of my
knowledge and belief and nothing has been concealed
therein.

DEPONENT

VERIFICATION:-
Verified on oath at Lahore on this 23rd day of December,
2022, the contents of the above affidavit are true and
correct to the best of my knowledge and belief.

DEPONENT
 BEFORE THE HONOURABLE LAHORE HIGH COURT,
LAHORE

C.M No.___________/2022
IN
W.P. No. _________/2022

Chaudhary Parvez Elahi

VERSUS
Governor Punjab & others

(Stay Application)

AFFIDAVIT OF
Chaudhary Parvez Elahi Son of Chaudhary Manzoor
Elahi, R/o House No. 30-C, Zahoor Elahi Road,
Gulberg-II, Lahore.
I, the above named deponent do hereby
solemnly affirm and declare as under: -
1. That the contents of accompanying stay application
may be treated as an integral part of this affidavit.
2. That the contents of the accompanying stay
application are true and correct to the best of my
knowledge and belief and nothing has been concealed
therein.

DEPONENT

VERIFICATION:-
Verified on oath at Lahore on this 23rd day of December,
2022, the contents of the above affidavit are true and
correct to the best of my knowledge and belief.

DEPONENT
 BEFORE THE HONOURABLE LAHORE HIGH COURT,
LAHORE

C.M No.__________/2022
IN
W.P. No. _________/2022

Chaudhary Parvez Elahi

VERSUS
Governor Punjab & others

APPLICATION UNDER SECTION 151 C.P.C. FOR

INTERIM RELIEF

Respectfully Sheweth: -
1. That the petitioner has filed the above titled Writ
petition in this Hon'ble Court in which no date has
so far been fixed for hearing.

2. That the contents of the main Writ Petition may

kindly be read as an integral part of this
application.

3. That the balance of convenience also lies in favour

of the petitioner.

4. That the petitioner has got a prima facie good case

and there is a likelihood of the success of the main
Writ Petition on the final date of hearing.
5. That, if the interim relief prayed for is not granted

the petitioner shall suffer irreparable loss and

injury.

PRAYER
It is most respectfully prayed that the
operation of impugned orders may kindly be
suspended and Petitioner be allowed to continue
his position as Chief Minister Punjab alongwith
his cabinet till the final decision of the titled writ
petition.

Petitioner
Through

BARRISTER SYED ALI ZAFAR

Advocate Supreme Court

AMIR SAEED RAWN

Advocate Supreme Court

ADAM SAEED RAWN

Advocate High Court

IMDAD HUSSAIN CHANDIO

Advocate High Court
THE LEGAL XPERTS
17- Bank Square
The Mall, Lahore