QUETTA, March 19: The Balochistan High Court has declared unconstitutional the notification issued by the speaker nominating Maulana Abdul Wasey as the leader of opposition in the provincial assembly.

In a brief order issued on Tuesday night, a division bench comprising Chief Justice Qazi Faez Isa and Justice Naeem Akhtar Afghan upheld the notification issued on Dec 18 last year by former speaker Aslam Bhootani nominating Nawabzada Tariq Magsi, an independent member, as the leader of opposition.

The petitioner, Tariq Magsi, had challenged the notification issued by Speaker Syed Matiullah Agha on March 17 nominating Maulana Abdul Wasey of the JUI-F as the leader of opposition.

The court upheld the petition and said that Maulana Abdul Wasey, who worked as a senior minister in the coalition government for five years, could not be nominated overnight as the leader of opposition.

The court said the notification appointing Maulana Abdul Wasey as the leader of opposition was ultra vires of the Constitution and of no legal effect and void ab initio.

Balochistan Advocate General Amanullah Kanrani represented the state, advocates Shakeel Ahmed Hadi, Adnan Kasi and Daud Kasi appeared on behalf of the petitioner and Kamran Murtaza, Baz Mohammad, Adnan Ejaz Sheikh and Mohammad Rauf represented the respondents.