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June 13, 2018

PHC moved against KP caretaker CM appointment

National

June 13, 2018

PESHAWAR: The Peshawar High Court was moved on Tuesday against the appointment of Khyber Pakhtunkhwa caretaker chief minister Justice (r) Dost Mohammad Khan.

A Nowshera-based lawyer, Azizuddin Kakakel, filed the writ petition. He sought an order from the court to declare the appointment of Justice (R) Dost Muhammad Khan as void and against the law.

The caretaker chief minister, chief election commissioner, provincial election commissioner, KP government through the chief secretary and president of Pakistan were made respondents in the petition.

In the four-page petition, the lawyer said the caretaker chief minister’s appointment was in violation of Article 63 (i) (k) of the Constitution.

Article 63 (i) (k) reads, “A person shall be disqualified from being elected or chosen as, and from being, member of the Majlis-e-Shoora (Parliament), if he has been in the service of Pakistan or of any statutory body or body which is owned or controlled by the government or interest, unless a period of two years has elapsed since he ceased to be in such a service.”

The lawyer claimed in the petition that the respondent does not fulfill the requirement of Article 62 and 63 of the Constitution as he retired as a judge of the Supreme Court on March 20 this year.

The petitioner stated that as per the National Judicial Policy, no judge of the superior court shall accept an appointment, which is lower to his status or dignity, including appointment as a presiding officer of banking court, customs court or administrative tribunal.

The petitioner claimed that as per the National Judicial Policy, the respondent caretaker chief minister stands disqualified because the present status of his post is lower in grade than the one he retired from.

He requested the court to declare the appointment as void and direct the respondent Election Commission of Pakistan to appoint another caretaker chief minister for the KP.

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