PESHAWAR: The Peshawar High Court (PHC) on Wednesday directed Khyber Pakhtunkhwa Assembly Speaker Babar Saleem Swati to administer the oath to lawmakers elected on reserved seats.
The court announced the verdict that was reserved by a two-member bench comprising Justice Attique Shah and Justice Shakeel Ahmad on a petition filed by opposition parties in the provincial assembly regarding the swearing-in of members.
The oath-taking process for reserved seats in Khyber Pakhtunkhwa has been embroiled in controversy due to a standoff between the provincial government and opposition parties. The deadlock stems from the objection raised by the former against the KP governor’s decision to convene the assembly session upon the request of the opposition.
On Monday, opposition parties, including the Pakistan Muslim League-Nawaz (PML-N), Pakistan Peoples Party (PPP), and Jamiat Ulema-e-Islam-Fazl (JUI-F), approached the PHC seeking prompt oath-taking of members, linking it to their eligibility to participate in the upcoming Senate elections. This issue holds significant importance for both the ruling and opposition factions, as it will impact the Senate polls scheduled for April 2, wherein 11 seats from the province are to be filled.
The Sunni Ittehad Council (SIC), holding a clear majority in the assembly, intends to delay the oath-taking process, at least until after the Senate polls, presumably to consolidate its position. With the current assembly’s strength, the ruling party stands poised to secure most Senate seats across all categories from the province. Conversely, opposition parties advocate for the prompt administration of oath to the 24 MPAs elected on reserved seats to ensure their desired representation in the upper house of parliament.
During the latest hearing, Justice Shakeel Ahmad raised questions regarding the speaker’s reluctance to administer the oath. The lawyer representing KP Assembly Speaker Babar Saleem Swati clarified that the governor’s orders to convene the assembly session had been conveyed via the opposition leader for the first time, denying any challenge to these orders. The counsel emphasized that the speaker could only summon the assembly session upon a request from one-fourth of the members.
Regarding the governor’s authority to summon the session, Article 109 of the Constitution was cited, granting the governor such authority. However, the court highlighted that neither the president nor the governors could summon an assembly session without prior consultation with the government. The advocate general argued that Article 65 of the Constitution mandated the oath-taking of members, linking it to the assembly session as per the third schedule.
Expressing dissatisfaction with the delay in the oath-taking ceremony, Justice Ahmad lamented that the session might not be summoned until April 2. The court reserved its verdict on the plea.
