Governor’s appointment: LHC seeks report from federal govt by April 7
A government employee cannot be elected or remain member of the provincial assembly
Petitioner Munir Ahmad had challenged the appointment of Punjab Assembly Speaker Rana Iqbal as acting governor and sought his disqualification as provincial assembly member. STOCK IMAGE
LAHORE:
Justice Syed Mansoor Ali Shah of Lahore High Court (LHC) on Thursday sought a report from the federal government on the appointment of a permanent governor in the Punjab.
The judge remarked that it was a constitutional office and could not be kept vacant. The judge directed the deputy attorney general to inform him till April 7 when the federal government intended to make the appointment.
Petitioner Munir Ahmad had challenged the appointment of Punjab Assembly Speaker Rana Iqbal as acting governor and sought his disqualification as provincial assembly member.
At previous hearings, the federal government’s counsel had stated that the governor’s office was political in nature and consultation was underway to appoint the next governor. “After former governor Chaudhry Muhammad Sarwar’s resignation, an acting governor was appointed to fill the post for the time being,” he said.
Petitioner’s counsel Muhammad Azhar Siddique stated that the Punjab Assembly speaker’s appointment as acting governor violated the Constitution.
“A new governor has to be appointed. An acting governor cannot fill the post. Iqbal’s appointment is in conflict with the provisions and structure of the Constitution,” he said.
He said that the LHC had the power to ask a person holding a public office to show under what authority of law he claimed to hold that office. He requested the court to remove the acting governor and direct the authorities to appoint a governor who fulfilled the criteria and requirements laid down in the Constitution.
He stated that after assuming the office of the acting governor, Iqbal had rendered himself disqualified to be a member of the provincial assembly under Article 260 of the Constitution. “He is now in service of the state. A government employee cannot be elected or remain member of the provincial assembly,” he said.
Published in The Express Tribune, April 3rd, 2015.
Justice Syed Mansoor Ali Shah of Lahore High Court (LHC) on Thursday sought a report from the federal government on the appointment of a permanent governor in the Punjab.
The judge remarked that it was a constitutional office and could not be kept vacant. The judge directed the deputy attorney general to inform him till April 7 when the federal government intended to make the appointment.
Petitioner Munir Ahmad had challenged the appointment of Punjab Assembly Speaker Rana Iqbal as acting governor and sought his disqualification as provincial assembly member.
At previous hearings, the federal government’s counsel had stated that the governor’s office was political in nature and consultation was underway to appoint the next governor. “After former governor Chaudhry Muhammad Sarwar’s resignation, an acting governor was appointed to fill the post for the time being,” he said.
Petitioner’s counsel Muhammad Azhar Siddique stated that the Punjab Assembly speaker’s appointment as acting governor violated the Constitution.
“A new governor has to be appointed. An acting governor cannot fill the post. Iqbal’s appointment is in conflict with the provisions and structure of the Constitution,” he said.
He said that the LHC had the power to ask a person holding a public office to show under what authority of law he claimed to hold that office. He requested the court to remove the acting governor and direct the authorities to appoint a governor who fulfilled the criteria and requirements laid down in the Constitution.
He stated that after assuming the office of the acting governor, Iqbal had rendered himself disqualified to be a member of the provincial assembly under Article 260 of the Constitution. “He is now in service of the state. A government employee cannot be elected or remain member of the provincial assembly,” he said.
Published in The Express Tribune, April 3rd, 2015.