Peshawar, Jul 21 (PTI) Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur on Monday filed a petition in the Peshawar High Court challenging the oath-taking ceremony of reserved seat lawmakers held at the Governor House, describing it as "unconstitutional".
The move comes a day after Governor Faisal Karim Kundi on Sunday administered oath to 25 opposition members of the provincial assembly (MPAs) on reserved seats for women and minorities, in compliance with an order of the high court.
The petition named the federal government, the Registrar of the Peshawar High Court (PHC), the Governor, the Election Commission, and others as respondents.
The petition argued that Article 65 of the Constitution mandates that assembly members must be sworn in on the floor of the House.
It said Khyber Pakhtunkhwa Assembly Speaker Babar Saleem Swati did not refuse to administer the oath to members. The assembly session was commenced but was adjourned by the speaker till July 24 "due to a lack of quorum".
"Therefore, conducting the oath ceremony at the Governor House is unconstitutional," the petition said.
The petition further underlined that though Article 255(2) allows for exceptions in cases of "impracticality", the Chief Justice has only judicial authority under this legislation.
The Chief Justice cannot act in an administrative capacity in such matters, it said.
The Chief Minister and the Speaker did not refuse to administer the oath, yet they were not given a chance to be heard, and the Governor was nominated to administer the oath, the petition said.
Speaker Saleem Swati also filed a separate petition challenging the Governor House ceremony.
The Khyber Pakhtunkhwa Assembly session was adjourned on Sunday shortly after it commenced as lawmakers of former prime minister Imran Khan's Pakistan Tehreek-e-Insaf (PTI) party skipped the crucial sitting.
The Speaker adjourned the session when PTI MPA Sher Ali Afridi pointed out the lack of quorum. The chair then ordered a headcount and rang the bells for a five-minute break before finally adjourning the session until July 24.