Gandapur to challenge governor's oath-taking of 25 lawmakers on reserved seats
Khyber-Pakhtunkhwa (K-P) Chief Minister Ali Amin Gandapur has announced plans to legally challenge the oath-taking ceremony of reserved seat lawmakers held at the Governor House on Sunday, terming it unconstitutional.
'Administering oaths at the Governor House on reserved seats violates the Constitution, which clearly states it must be done on the assembly floor. The speaker never refused—only adjourned the session due to lack of quorum,' Chief Minister Gandapur maintained.
The statement came after Khyber-Pakhtunkhwa (K-P) Governor Faisal Karim Kundi has administered the oath to 25 members of the provincial assembly on reserved seats for women and minorities, following an intervention by the Peshawar High Court (PHC) on Sunday.
According to Express News, the chief minister has decided to file a petition in the Peshawar High Court (PHC) against the swearing-in of members elected on reserved seats for women and minorities outside the provincial assembly.
Advocate General of K-P, Shah Faisal Utmankhel, cited Article 65 of the Constitution, which he said mandates that assembly members must be sworn in on the floor of the House. 'The speaker did not refuse to administer the oath; the session was adjourned due to lack of quorum,' he explained.
Utmankhel added that the assembly session was already scheduled for July 24. 'In this context, administering oaths at the Governor House is unconstitutional. Article 255(2) only allows for exceptions in cases of impracticality,' he said.
Read More: CM Gandapur moves PHC for PTI recognition
He further clarified that the chief minister and the speaker did not refuse their constitutional roles, and that a session was duly convened. The government, he said, will challenge the governor's move in court. 'The petition is ready and will be filed tomorrow due to court holidays today.'
The speaker of the provincial assembly is also expected to file a separate petition challenging the Governor House ceremony.
Meanwhile, K-P Information Adviser Barrister Saif sharply criticised the ceremony, calling it 'an oath taken over democracy's dead body.' He said the speaker had not cancelled the session but merely postponed it due to incomplete quorum.
'This act tramples on democratic traditions,' said Saif. He also accused the Election Commission of 'misleading the public' and acting on directives from the federal government. 'The ECP is determined to eliminate PTI,' he added, warning of legal consequences.
Saif called the oath 'unconstitutional and illegal' and said the Election Commissioner would be held accountable for the controversial February 8 elections as well. 'What's being done to the Constitution and law is unprecedented,' he said.
Read More: Governor K-P administers oath to 25 lawmakers after PHC intervention
The oath taking ceremony was held at Governor House in Peshawar. Representatives of the Election Commission, Khyber-Pakhtunkhwa Assembly staff, and other relevant government officials were also present at the oath-taking ceremony.
Earlier in the day, a scheduled assembly session to administer the oath was disrupted when quorum was challenged soon after proceedings began. As a result, Speaker Babar Saleem Swati adjourned the session until July 24 at 2 PM.
Opposition parties subsequently approached the Peshawar High Court (PHC) to ensure the swearing-in of the newly elected lawmakers. In response, the court directed the provincial governor to administer the oath in lieu of the assembly speaker.
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