Punjab’s governorship: Court’s directions sought for Rana Iqbal’s removal from office
‘Caretaker appointment not allowed when the office is vacant’
“The opposition participated in the first amendment of the bill. Later, they preferred to participate in their all party conference and skipped proceedings in the house,” says Speaker Rana Iqbal. PHOTO: APP
LAHORE:
The appointment of Punjab Assembly speaker Rana Muhammad Iqbal as acting governor was challenged before Lahore High Court on Tuesday.
Petitioner Munir Ahmad submitted that Iqbal’s appointment was in violation of the Constitution and requested the court that he be removed from the office and directions be issued to the federal government for the appointment of a new governor.
The petitioner submitted that there was no provision in the Constitution for a caretaker governor in a situation where the sitting governor has resigned from office. He stated that under Articles 101-104 of the Constitution the present situation mandated the appointment of a new governor rather than an acting appointment and requested that Rana Iqbal be summoned for an explanation
The petitioner stated that under the said articles of the constitution a caretaker appointment was only possible in a situation where the office of the governor was temporarily vacant.
It stated that the speaker of a provincial assembly may assume acting control of the office in the governor’s absence caused due to an illness, a visit to a foreign country or any other reason.
It added that a caretaker appointment could be done only in situations where the sitting governor was expected to resume duties after a temporary hiatus.
Because Governor Chaudhary Muhammad Sarwar had resigned from his office and was not expected to return, the government should have appointed a new governor, it added.
Published in The Express Tribune, February 4th, 2015.
The appointment of Punjab Assembly speaker Rana Muhammad Iqbal as acting governor was challenged before Lahore High Court on Tuesday.
Petitioner Munir Ahmad submitted that Iqbal’s appointment was in violation of the Constitution and requested the court that he be removed from the office and directions be issued to the federal government for the appointment of a new governor.
The petitioner submitted that there was no provision in the Constitution for a caretaker governor in a situation where the sitting governor has resigned from office. He stated that under Articles 101-104 of the Constitution the present situation mandated the appointment of a new governor rather than an acting appointment and requested that Rana Iqbal be summoned for an explanation
The petitioner stated that under the said articles of the constitution a caretaker appointment was only possible in a situation where the office of the governor was temporarily vacant.
It stated that the speaker of a provincial assembly may assume acting control of the office in the governor’s absence caused due to an illness, a visit to a foreign country or any other reason.
It added that a caretaker appointment could be done only in situations where the sitting governor was expected to resume duties after a temporary hiatus.
Because Governor Chaudhary Muhammad Sarwar had resigned from his office and was not expected to return, the government should have appointed a new governor, it added.
Published in The Express Tribune, February 4th, 2015.