LHC serves notices to Chaudhry Nisar, ECP

Petition seeks Nisar's de-notification as MPA for failing to take oath, asks court for fresh election

Our Correspondent January 30, 2019
Chaudhry Nisar Ali Khan. PHOTO: AFP

LAHORE: The Lahore High Court on Tuesday issued notices to MPA-elect Chaudhary Nisar Ali Khan, federal and provincial governments and the Election Commission of Pakistan (ECP) on a petition seeking the former interior minister’s de-notification as member of the Punjab Assembly for not taking oath.

The petitioner also urged the court to set aside relevant rules of the Punjab Assembly for not applying a time limit for parliamentarians-elect to take oath of their office.

The other day, Justice Shahid Waheed had asked the petitioner’s lawyer to submit a copy of the impugned rules. Advocate Mian Asif Mahmood filed the same on Tuesday and the judge issued notices to the respondents for Feb 4.

The lawyer in his petition contended Nisar had not taken oath and pleaded such an act amounted to depriving people of the constituency of their right to representation. He further submitted the former interior minister was elected as MPA from PP-10 Chakri but he had not taken oath of his office despite the lapse of more than six months.

He argued the act of the respondent was tantamount to breaching the sacred trust of the people of his constituency and a violation of Article 2-A, 17 and 25 of the Constitution.

The lawyer further contended rule 6 of rules of procedure and conduct of business in provincial assembly regarding the extent of not providing a time limit for taking oath were also ultra vires of the Constitution.

He asked the court to declare the impugned rules of the assembly null and void for not carrying a time frame of oath taking, de-notify Nisar for failure to take oath and order a fresh election in the constituency.


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