KP CM Speaker Challenge Governor’s Oath Move in Court
KP CM, Speaker Challenge Governor House Oath Ceremony in Court
PESHAWAR – Chief Minister of Khyber Pakhtunkhwa Ali Amin Gandapur and Speaker of the KP Assembly Babar Saleem Swati have jointly filed a petition challenging the recent swearing-in ceremony held at the Governor House for members on reserved seats.
The petition, submitted to the court, names the federal government, the Governor of Khyber Pakhtunkhwa, the Registrar of the High Court, the Election Commission of Pakistan (ECP), and others as respondents.
According to the petitioners, the oath-taking ceremony conducted at the Governor House on Sunday was unconstitutional. They argued that Article 65 of the Constitution mandates that members of the provincial assembly must be sworn in on the assembly floor.
The petition claims that Speaker Swati had not refused to administer the oath. Instead, the KP Assembly session had been lawfully adjourned to July 24, 2025, due to the lack of quorum.
“The ceremony at the Governor House violates constitutional provisions, as the assembly session had already been adjourned,” the petition stated.
Advocate General Shah Faisal Utmankhel also weighed in, referencing Article 255(ii) of the Constitution, which he says provides the judiciary authority in circumstances where implementation becomes “non-implementable or impossible.” He noted that the Chief Justice of the Peshawar High Court had acted under this authority by nominating Governor Faisal Karim Kundi to administer the oath.
However, the Advocate General stressed that the KP government was not granted a hearing before the nomination was made, raising concerns about due process.
The oath ceremony was held after the Election Commission approached the Chief Justice of the PHC to nominate an official for administering the oath to newly elected members, particularly those occupying reserved seats for women and minorities. This followed the postponement of the KP Assembly session due to a lack of quorum.
The court is expected to take up the matter in the coming days as the legal dispute unfolds.
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