Islamabad: The Election Commission reserved its decision on the request to take oath on certain seats in the Khyber Pakhtunkhwa Assembly.
A 5-member bench headed by the Chief Election Commissioner on the issue of non-swearing of the members of the KP Assembly heard the application of the newly elected members of the assembly, in which the newly elected women and non-Muslim members appeared before the Khyber Pakhtunkhwa Assembly Election Commission. . On this occasion, representatives of Secretary Khyber Pakhtunkhwa Assembly also appeared in the Election Commission.
Also read this news: Writ filed in Peshawar High Court for taking oath on specific seats in KP
During the hearing, lawyer Shah Khawar argued that the Election Commission had issued notifications for women assembly members on March 4. Speaker Khyber Pakhtunkhwa Assembly should have called the meeting and administered oath to the members. The Speaker of the Khyber Pakhtunkhwa Assembly is constitutionally and legally obliged to call the meeting and take oath. Senate elections in Khyber Pakhtunkhwa should be postponed until the oath is taken.
The Chief Election Commissioner asked that you tell how the Election Commission can issue instructions to the Speaker Khyber Pakhtunkhwa Assembly.
On behalf of the Election Commission, the representative of the KP Assembly was asked to tell why the newly elected members of the assembly are not being sworn in?, to which he said that the Speaker did not refuse to take the oath. Governor KP’s order to convene the meeting was against the law.
Member Election Commission Ikramullah Khan asked what will happen if Speaker KP Assembly does not follow the orders of Election Commission. Can the Election Commission take action against the Speaker Khyber Pakhtunkhwa Assembly for not taking the oath?, to which the Secretary of the KP Assembly replied that the order to convene the meeting of the Governor Khyber Pakhtunkhwa Assembly is being interpreted legally. It is to be seen whether the Governor can call the meeting automatically without a summary or not. When the meeting is held, the newly elected members will be sworn in.
DG Law of Election Commission said on this occasion that conducting elections is the primary responsibility of Election Commission. The issue of taking oath after the election also comes under the jurisdiction of the Election Commission. The Election Commission can issue instructions regarding taking oath of the members. The Election Commission can intervene if the Speaker delays taking the oath of the members.
Later, the Election Commission reserved its decision on the request of members to take oath on specific seats in the Khyber Pakhtunkhwa Assembly.
Pishaw Rashi Court sought a response from the Speaker Khyber Pakhtunkhwa Assembly
On the other hand, the Pishaw Release Court has sought an answer from the Speaker Khyber Pakhtunkhwa Assembly for not taking oath on certain seats.
In the Khyber Pakhtunkhwa Assembly, a hearing was held on the applications of opposition members to take oath on specific seats, in which the Election Commission’s lawyer told the court that there are court decisions in such cases.
The lawyer of the Election Commission argued in the court that the governor did not take the oath from the Chief Minister of Punjab, so the court asked the Speaker to take the oath. A constitutional officer is not performing his constitutional duty and not taking the oath of office of the members. Failure to take oath on malice after notification is a constitutional violation.
The lawyer Speaker of the Assembly told the court during the hearing that he will submit his answer by tomorrow, on which the court asked the Speaker of the Provincial Assembly to reply by tomorrow and adjourned the hearing.
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