Khyber Pakhtunkhwa’s Chief Minister, Ali Amin Gandapur, has decided to institute a petition against the oath-taking for reserved seats. This announcement comes after the ceremony held at the Governor’s House in Peshawar, where the governor administered the oath to the newly elected Members of the Provincial Assembly (MPAs) elected for these reserved seats.
The Chief Minister stated that the oath-taking ceremony at the Governor’s House violates the Constitution. He pointed out that Article 65 of the Constitution clearly states that oaths must be taken on the floor of the assembly.
While the Speaker did not refuse to oversee the oath-taking, the assembly meeting was adjourned due to a lack of quorum. A new meeting is scheduled for July 24, and the Chief Minister emphasised that taking the oath at the Governor’s House is unconstitutional. He noted that Article 255(2) applies only in situations where it is impracticable or impossible to hold the session.
If the Chief Minister or the Speaker of the Provincial Assembly refuses to proceed, the Chief Justice can appoint someone else to take charge. However, the Chief Minister and the Speaker have fulfilled their constitutional duties, and the meeting was convened as planned.
They are now challenging the legality of the oath-taking process at the Governor’s House regarding the reserved seats in court. The writ petition was completed, but the High Court did not receive it today due to a holiday. They plan to file an application in the High Court tomorrow.
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