Pleas against governor’s Ord not maintainable, AGP tells court

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LAHORE: Advocate General of Punjab (AGP) Shahzad Shaukat on Friday argued before the Lahore High Court that the petitions against an ordinance issued by the Punjab governor relating to the assembly were not maintainable.

Justice Sajid Mahmood Sethi was hearing the petitions filed by the Punjab Assembly Speaker Chaudhry Parvez Elahi and Pakistan Tehreek-i-Insaf (PTI) MPA Zainab Umar.

On the court’s direction, the AGP appeared before the court and stated the governor lawfully promulgated the ordinance, which could not be challenged before any legal forum.

He asked the court to dismiss the petitions as being not maintainable.

The law officer, however, sought time to submit a written reply to the petitions.

The judge allowed the request and adjourned the hearing till June 27.

The petitions stated the governor in an arbitrary manner prorogued the 40th session of the assembly and called 41st session immediately in blatant violation of the Constitution.

It was said this act was also in violation of the oath of different functionaries as stipulated through the 3rd schedule under Article(s) 42, 91(1), 92(2), 53(2), 61, 65, 102, 130(5), 132(2) and 127 of the Constitution.

The petitions argued that the governor promulgated the Punjab Laws (Repealing and Removal of Difficulties) Ordinance 2022 in haste and pursuant to mala fide intention to pass the annual budget by keeping the opposition benches away from the requisite process in an unconstitutional manner.

It was said the Punjab government slashed speaker’s powers through the impugned ordinance.

The petitions asked the court to set aside the ordinance promulgated by the governor for being unconstitutional.

Published in Dawn, June 25th, 2022

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