Oath-taking of MPAs elected on reserved seats: KP AG Office says governor cannot call assembly session

PESHAWAR: The Advocate General Office on Tuesday said that KP Governor Ghulam Ali could not call a session of the KP Assembly for the oath-taking of the members elected to the house on seats reserved for women and minorties.

The office submitted the reply to the Law Department in response to the advice sought by the KP government through KP Assembly Speaker Babar Saleem Swati. A copy of the opinion was sent to Law secretary as well.

The Election Commission of Pakistan (ECP) had rejected the Sunni Ittehad Council (SIC)’s plea for reserved seats , saying that the party had not submitted a list of members to claim these seats.

The ECP later allotted these seats-- 24-- to other political parties that had presence in the KP Assembly.

The SIC moved the PHC against the ECP verdict. But the court upheld the electoral watchdog decision. The ECP notified the members elected to the KP Assembly on reserved seats.

The KP governor called the assembly into session to administer oath to the MPAs-elect. But the assembly speaker refused to hold session and locked out the assembly hall to stop the oath-taking.

He took the plea that the advice had been sought from the Law Department over the legal status of the assembly session requisitioned by the governor. The opposition parties moved the PHC against the speaker’s move.

The opinion given by the Advocate General Office said that the governor could not call the assembly session. It said the assembly session could be convened on the advice or requistion of the chief minister.

The Advocate General Office said the governor had acted against the constitution by summoning the assembly session, hence the session could not be held.

It further said the governor could call only the first session of the assembly after elections. He could call the session as well in case of a no confidence motion. The Advocate General Office said the governor had misused his powers. It was learnt that the Law Department had submitted the opinion to the Assembly Secretariat.

The sources in the KP Assembly Secretariat said the opinion would be submitted to the PHC accordingly which had sought reply from the speaker on Wednesday ( today).