LAHORE: The Lahore High Court on Monday directed a petitioner-lawyer to submit a copy of the rules of the Punjab Assembly, which he wanted to be declared null and void in addition to de-notifying former interior minister Chaudhry Nisar Ali Khan (also MPA-elect) for not taking oath of his office.

Advocate Mian Asif Mahmood in his petition contended that Mr Khan had not taken oath so far. Nisar had made it to the Punjab Assembly in the July 2018 general election.

He pleaded that the act of not taking oath by an elected parliamentarian amounted to depriving people of the constituency of their right to representation.

He submitted that Mr Khan was elected as MPA from PP-10 Chakri but he had not taken oath of his office despite the lapse of more than six months. He argued that the act of the respondent was tantamount to breaching sacred trust of people of his constituency and a violation of Articles 2-A, 17 and 25 of the Constitution.

The lawyer further contended that rule 6 of rules of procedure and conduct of business in national and provincial assemblies to the extent of not providing time limit for taking oath was also ultra vires of the Constitution.

He asked the court to declare the impugned rules of the assemblies null and void for not carrying a time frame of oath taking, de-notify Mr Khan for not taking oath of his office and order a fresh election in the constituency.

Justice Shahid Waheed adjourned hearing for a week and directed the petitioner to furnish the impugned rules first as they were not available with the petition.

Published in Dawn, January 29th, 2019