PESHAWAR: The Peshawar High Court (PHC) on Thursday disposed of petition of the Pakistan Muslim League-Nawaz (PML-N), Pakistan People’s Party (PPP) and others regarding the administration of oath to members elected on reserved seats following the Election Commission’s letter to the PHC chief justice.
The case was heard by a two-member bench comprising Justice Sahibzada Asadullah and Justice Farah Jamshed. During the proceedings, Advocate General Shah Faisal Utmankhel, Speaker’s counsel Alam Khan Adinzai and the petitioners’ counsels Amir Javed, Rehmanullah Shah and Arif Firdaus appeared before the court. “The ECP’s letter to the PHC chief justice requesting him to take necessary steps for administering the oath to members elected on reserved seats has rendered the petition ineffective,” Justice Sahibzada Asadullah remarked.
The bench observed that since the ECP had already sent a letter to the PHC CJ, the court no longer had the authority to continue the hearing.
The court asked AG to challenge the ECP’s letter if he had any concern. “You have convened a session, so challenge this letter.”
Petitioners’ counsel Amir Javed informed the court of new developments that needed to be brought to its attention. He pleaded that the RCP under Article 255(2) of the Constitution, had sent a letter to the PHC CJ requesting him to nominate someone to administer the oath to newly elected members on reserved seats.
ECP’s lawyer Mohsin Kamran Siddique confirmed that a letter had been sent to the chief justice the previous day, emphasizing that under Article 255(2), the chief justice had the authority to nominate any person to administer the oath.
Upon this,, Justice Sahibzada Asadullah remarked that the court’s jurisdiction had now ended after the matter referred to the chief justice.
The AG informed the court that the ECP had earlier sent a letter to the chief minister on July 14, last, which was received by the CM’s Principal Secretary on July 16.
The letter requested the CM to take steps for administering the oath to members elected on reserved seats. He argued that the Senate election was scheduled for July 21, and a meeting with the CM was held the previous day. The provincial assembly session has been convened on July 20 specifically for the oath-taking of these members.
However, the petitioners’ counsel pleaded that despite the scheduled Senate elections on July 21, the KP Assembly speaker has refused to administer the oath to members elected on reserved and minority seats. Therefore, the High Court should issue an order for the oath to be administered, as denying these members the right to vote would deprive their constituencies of representation in the Senate.
