Court moved against appointment of acting governor in Punjab

LAHORE: A petition has been moved before the Lahore High Court challenging the appointment of Punjab Assembly Speaker Rana Iqbal as an acting governor, terming the appointment unconstitutional and illegal.
Petitioner Munir Ahmad submitted that Punjab Governor Ch Muhammad Sarwar had resigned and Punjab Assembly Speaker Rana Muhammad Iqbal was appointed as an acting governor. He said the appointment of an acting governor was required to fulfil the basic conditions as laid down in the Constitution. The absence of the governor from his office due to his illness or visit abroad and secondly he is unable to perform his functions due to any other cause, then the speaker may act as a governor and in his absence any other person may be nominated as a governor. Meaning thereby under such circumstances, the working governor has to return to his office.
He said the provisions of the Constitution did not enunciate the concept of caretaker governor. If it is so then the said Act of the appointment is in conflict with the provision of the Constitution.
The petitioner submitted that after the resignation of the ex-governor and appointment of caretaker governor was not only in conflict with the provision of the Constitution but also against the basic nomenclature, scheme and structure of the Constitution, therefore, the appointment of caretaker governor was not only an act of illegal nature but violation of the mandatory provisions of the Constitution.
Either the working governor will resume his office if the circumstances provided in the Constitution arise or a new governor will be appointed, but a middle way governor or caretaker governor may not be appointed, he said.
He submitted that under Articles 101 and 104 of the Constitution, the court should the acting governor to explain under what authority of law he holds the office. He also prayed that the respondent be removed from his office and direction may be given to the respondents concerned for appointment of the governor who fulfils the criteria and requirements as laid down in the Constitution.