PESHAWAR, Feb 16: A writ petition was filed in Peshawar High Court on Saturday, stating that the recent oath taken by Khyber Pakhtunkhwa governor was invalid and the office of the governor was still vacant.
The petition, filed by a freelance journalist Shahid Orakzai, has raised the question whether chief justice of the high court can administer oath of governor under Article 102 to a person, who does not fulfil the conditions of the office.
The petitioner has three days ago filed another petition challenging the appointment of Governor Engineer Shaukatullah on the ground that he was not a registered voter in Khyber Pakhtunkhwa, which was a mandatory constitutional requirement.
The petitioner has prayed the court to direct the speaker of the provincial assembly to act as governor of the province.
He stated that under Article 255 (3) of the Constitution when a person was required to take an oath before he entered his office, he should be deemed to have entered that office on the day on which he took the oath.
He said that before conducting the oath to the person, the PHC chief justice was required by the Constitution to confirm that the person notified was a bona-fide citizen of Pakistan; he was not less than 35 years of age; he was qualified to be elected as member of National Assembly and he was a registered voter and resident of the province concerned.
The controversy regarding the appointment of the present governor surfaced a day after his taking of oath and so far four writ petitions have been filed in the high court. —Bureau Report






























