If Governor is not available, Speaker should take oath, Chief Justice Peshawar High Court
Peshawar:
The High Court has ordered the Khyber Pakhtunkhwa Governor to take oath from the newly elected CM by 4 pm tomorrow and has said that if the Governor is not available, Speaker should take oath.
According to Express News, a hearing was held on PTI’s application regarding the swearing-in of the new CM. During the hearing, Aamir Javed Advocate, nominated by Governor Khyber Pakhtunkhwa Faisal Karim Kundi for arguments, told the court that the Governor has said that the provincial government should send a plane, I will return today.
The Chief Justice remarked that the Advocate General should arrange the plane then, to which Advocate General Shah Faisal Atmankhel replied that he is not the CM now, who should he ask to arrange the plane?
During the hearing, Salman Akram Raja took the stand in the court that Ali Amin Gandapur said on the assembly floor that he had resigned. Ali Amin Gandapur was the first to vote for the new Chief Minister Sohail Afridi. If the Chief Minister resigns, there is no concept of approval in the constitution. If a new Chief Minister is elected, then taking the oath is mandatory.
Read this: Oath to the newly elected Chief Minister; Peshawar High Court orders to know the availability of the Governor
He said that Chief Justice Sir, you have the authority, the constitution has given you the authority, you order. Looking at Article 190 (3)(b) of the Indian Constitution, the Indian Supreme Court has said that where there is no mention of approval of resignation, the resignation will be accepted.
The Chief Justice remarked that we have heard you, we will order on it.
The Additional Attorney General told the court that the Governor is on an official visit and he will return tomorrow at 2 pm.
On the query regarding the Chief Justice’s oath, the Attorney General said that the Governor has summoned Ali Amin Gandapur to approve the resignation, after which he will decide.
The court reserved its decision after the completion of the arguments, which was announced some time later.
The Chief Justice ordered that Khyber Pakhtunkhwa Governor Faisal Karim Kundi should take the oath from the newly elected Chief Minister Sohail Afridi at 4 pm tomorrow, Wednesday, October 15. If the Governor does not take the oath, the Speaker will take the oath.
Speaking to the media after the verdict, Junaid Akbar said that the court gave the right according to the constitution and law, we fought a political and legal battle, we have faith in the court even after the 26th Constitutional Amendment, if the oath is not taken by 4 pm tomorrow, the Speaker of the Provincial Assembly will take the oath. I am grateful to all political parties who supported the democratic process. I still ask political parties not to listen to anyone’s words. The opposition boycotted because they were not able to agree on a candidate.
Asad Qaiser said that today the law has triumphed, the Chief Justice gave a decision on the merits, if decisions are made like this, we are with the courts, such a decision after the 26th Constitutional Amendment is a courageous decision
