CM Ali Amin Gandapur Challenges Oath-Taking of Reserved Seat Members in Court

Peshawar: Chief Minister of Khyber Pakhtunkhwa, Ali Amin Gandapur, has challenged the oath-taking ceremony of reserved seat members held at the Governor House, filing a petition in the Peshawar High Court.
The petition, jointly filed by CM Gandapur and Speaker of the Provincial Assembly, contests the legality of the oath-taking conducted outside the Assembly premises. The federal government, Registrar of the Peshawar High Court, the Governor, the Election Commission of Pakistan (ECP), and other relevant authorities have been made respondents in the case.
The petition asserts that the Speaker did not refuse to administer the oath. It explains that a session of the Assembly had already commenced but was adjourned until July 24 due to lack of quorum. Therefore, any oath-taking held at the Governor House is unconstitutional and outside the scope of the law.
Referring to Article 65 of the Constitution, the petition maintains that members of the Assembly must take their oath within the Assembly House. It also references Article 255(2), noting that the term “impracticality” applies only under exceptional and clearly defined circumstances.
The petition further argues that under Article 255(2), the Chief Justice may exercise judicial authority in extraordinary cases but cannot act administratively in such matters. It claims that the Chief Justice designated the Governor to administer the oath without giving the petitioners an opportunity to be heard.
It is important to note that the CM had convened the Assembly session in compliance with directives from the Election Commission of Pakistan.