Peshawar: The High Court has ordered the members elected to specific seats in the Khyber Pakhtunkhwa Assembly to take oath.
A 2-member bench of the Peshawar High Court gave a safe verdict on the petitions filed by the opposition parties to take oath from the elected members on specific seats. Ordered to take oath from the assembly.
Earlier, a 2-member bench of Peshawar High Court consisting of Justice SM Atiq Shah and Justice Shakeel Ahmed heard the petitions filed to take oath from the elected members of the People’s Party, PML-N and JUI on specific seats, in which Justice S. M. Atiq Shah inquired if the Speaker was refusing to take oath, to which Speaker’s lawyer Ali Azim Afridi replied that it was not.
The court inquired whether the Governor can summon the assembly session or not, to which the lawyer said that the Governor can in Article 109 read with 105. If the Governor does this, then the Chief Minister will be powerless.
The lawyer of the opposition while giving arguments said in the court that the High Court also gave a decision regarding the allotment of specific seats. Not taking oath is also a violation of this decision of the larger bench. If the Speaker does not take the oath, the Governor can also take the oath.
Justice Atiq Shah inquired whether it is not necessary to take the oath of the members in the House? To which the opposition lawyer replied that even if the members are called for the Senate elections, there can be an oath community. The governor has the power to convene the meeting.
Justice Atiq Shah remarked that the Governor can call a meeting on the advice of the Chief Minister. It seems that no one has prepared, everyone just came to the court. Assembly session is required for swearing or not? The oath will be in the assembly session or it can be in the chamber? You say that it can be done without the assembly session, so how?
The court said that the oath of the members is taken in the assembly session. President and Governor take oath from the Prime Minister and Chief Minister, they are not sworn in the Assembly. You people should not play with the constitution, you should respect the constitution.
During the hearing, Advocate General Shah Faisal Atmankhil told the court that Article 65 says that when a member is elected, he will take oath and it is in the third schedule that the assembly will be in session. It has been defined by the Peshawar High Court in the case of Baldukumar and Speaker Asad Qaiser.
Justice Shakeel Ahmed remarked that the members who have been notified have the right to be sworn in. It is about the constitution and the law. Article 109 does not use the word subject to constitution. How can you read Article 109 in the context of any other Article of the Constitution?
The Advocate General replied that when the Chief Minister is not present or there is no confidence against him, then the Governor can convene the meeting under Article 109.
Justice Atiq Shah said that Advocate General, how are you relying on the decision which the Supreme Court has called a bad law? What’s your team doing, lying down? They haven’t even seen it? How are you referring this judgment to the court?, to which the Advocate General said that this will not happen in future. I withdraw the case reference I gave.
Later, after hearing the arguments of the parties, the Peshawar High Court had reserved its decision on the request to take oath from the members of the opposition on specific seats in the Pakhtunkhwa Assembly. Ordered.
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