Court seeks oath-taking schedule

The Peshawar High Court (PHC) on Wednesday directed Khyber-Pakhtunkhwa Assembly Speaker Babar Saleem Swati to produce a schedule for the oath-taking of lawmakers elected on reserved seats, amid a legal tussle over the role of the governor and the status of Pakistan Tehreek-e-Insaf (PTI)-backed legislators.

A two-member bench, comprising Justice Waqar Ahmad and Justice Kamran Hayat Miankhel, was hearing multiple petitions filed by Chief Minister Ali Amin Gandapur and Speaker Swati. The petitions challenge the earlier decision of PHC Chief Justice to empower the governor to administer the oath to members elected on reserved seats, after the speaker allegedly declined to do so.

During the proceedings, Advocate General Shah Faisal Utmankhel informed the court that the chief minister had also filed a separate petition against the Election Commission of Pakistan's (ECP) decision to declare PTI-backed lawmakers as independents. He argued that these members contested the February 8 polls on PTI tickets, while the party remains a registered political entity with the ECP. "Declaring them independents is unconstitutional and has been challenged," he added.

The special law secretary of the ECP told the bench that the governor was designated to administer the oath under Article 255(2) of the Constitution after the speaker initially refrained from performing the responsibility. He warned that if a "fresh oath" is now administered by the speaker, it could raise legal questions regarding the validity of recent Senate elections, thereby complicating the situation further.

Justice Waqar remarked that the court would consider arguments from all stakeholders before reaching a decision, adding that "if anyone has objections, they may file a separate petition before the proper forum."

The advocate general also briefed the bench on the sequence of events leading to the controversy. He said the ECP had written a letter to the chief minister on July 14, which was received on July 16. Subsequently, a summary was forwarded to the governor and an assembly session was summoned on July 20, but it was adjourned due to lack of quorum. He stressed that neither the speaker nor the chief minister had refused to hold the oath-taking ceremony.

The bench issued notices to the ECP and the Attorney General's office, directing them to file written replies. The judges observed that the court would first determine whether the petitions were maintainable before proceeding further.

The hearing was adjourned, with the case expected to resume later this month.