The Peshawar High Court (PHC) has reserved its decision on petitions calling for the timely administration of oaths to members on reserved seats. A two-member bench consisting of Justice Attique Shah and Justice Shakeel Ahmad heard heard multiple pleas regarding the swearing-in process.
Controversy surrounds the oath-taking on reserved seats in Khyber Pakhtunkhwa due to a standoff between the provincial government and opposition factions. The deadlock arose from objections raised by the government against the KP governor’s decision to convene the assembly session at the opposition’s behest.
Opposition parties, including the Pakistan Muslim League-Nawaz (PML-N), Pakistan Peoples Party (PPP), and Jamiat Ulema-e-Islam-Fazl (JUI-F), approached the PHC seeking prompt oath-taking of members, citing its significance for their participation in the upcoming Senate elections.
The Sunni Ittehad Council (SIC), holding a majority in the assembly, intends to delay the oath-taking until after the Senate polls. This delay tactic is pivotal for both ruling and opposition factions, as it directly impacts the allocation of Senate seats, scheduled for April 2.
During today’s hearing, Justice Shakeel Ahmad raised concerns about the speaker’s reluctance to administer oaths. The lawyer representing KP Assembly Speaker Babar Saleem Swati clarified that the governor’s directive to convene the assembly session came via the opposition leader, a deviation from the norm.
Responding to queries regarding the governor’s authority to summon sessions, it was revealed that Article 109 of the Constitution grants such power. However, the court highlighted the necessity of government consultation before summoning sessions.
The advocate general emphasized that Article 65 mandates oath-taking during assembly sessions. Justices Ahmad and Shah lamented the delay in administering oaths, suggesting that the session might not be convened until April 2, impacting members’ rights.
