Legal battle: Provincial governors face court challenge

PML-N legislator opposes their continuance in office in SC.

ISLAMABAD:

A Pakistan Muslim League-Nawaz (PML-N) legislator has challenged the appointments of governors of all four provinces in the Supreme Court (SC).

Senator Zafar Ali Shah, who is also a senior SC advocate, prayed that it was illegal and unconstitutional on part of incumbent governors to hold office after August 18, 2008, and April 20, 2010.

The petition has been filed under Article 184(3) of the Constitution and names the federal government, through cabinet secretary, chief secretaries and governors, as respondent.

Shah prayed to the court that all the orders, rules, regulations, instructions and appointments issued by the governors should be declared null and void.

He pleaded that the federal government should be directed to appoint new governors and until then, the speakers of provincial assemblies should act as governors in accordance with Article 104 of the Constitution.

He said that all the governors had been appointed before the 18th Amendment was passed. They were neither appointed by President Zardari nor on the advice of Prime Minister Gilani.

In his petition, Shah said that the 1973 Constitution fixes the terms of president, prime minister and chief minister at five years. The terms of the National Assembly and provincial assemblies is also fixed at five years. “Although the constitution does not specify the terms of governors, the spirit is clear that the office of governor cannot exceed the term of the president as it is also a political post,” he says.

Published in The Express Tribune, December 30th, 2010.