PESHAWAR, March 26 (Online): Peshawar High Court (PHC) has directed speaker KP assembly to file reply till today (Wednesday) on the petition filed on the matter of oath taking on reserved seats of KP assembly.
A two members bench of PHC comprising justice Attique Shah and Justice Syed Arshad Ali took up for hearing opposition parties petition against not administering oath to the members on reserved seats in KP assembly Tuesday.
Sikandar Bashir Mohmand counsel for Election Commission (EC) and Advocate General (AG) Shah Faisal Utman Khel appeared in the court.
At the inception of hearing Sikandar Bashir Mohmand counsel for EC said EC has issued notification regarding reserved seats but speaker provincial assembly is not administering oath to them.
Ali Azeem Afridi, counsel for speaker KP assembly said EC has summoned secretary assembly tomorrow. These people have filed application in EC and they have come here too.
Bashir Sikandar Mohmand counsel for EC said EC has issued notification in respect of members. Courts decisions are there in such cases. One constitutional office holder is not discharging his obligations and is not administering oath to members.
He held not administering oath with malafide intent after notification is violation of constitution.
In reserved seats case larger bench has upheld EC decision.
During the hearing of the case counsel for speaker KP assembly informed the court he will file power of attorney. It has yet to be signed by speaker. I will file my reply tomorrow.
The court remarked we will hear this case on Wednesday again.
The court while ordering speaker provincial assembly to file reply till today ( Wednesday) adjourned the hearing of the case till Wednesday for not receiving provincial government reply in respective court. .
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