Wednesday 30 January 2019

Plea for de-notification: Nisar, govt, ECP issued notices

LAHORE: The Lahore High Court on Tuesday issued notices to MPA-elect Ch Nisar Ali Khan, federal and provincial governments and Election Commission of Pakistan (ECP) on a petition seeking de-notification of Ch Nisar as member of the Punjab Assembly for not taking oath of his office.The petitioner also urged the court to set aside relevant rules of the Punjab Assembly for not carrying a time limit for parliamentarians-elect to take oath of their office. The other day, Justice Shahid Waheed had asked the petitioner-lawyer to submit a copy of the impugned rules. Advocate Mian Asif Mahmood filed the same on Tuesday and the judge issued notices to the respondents for Feb 4.The lawyer in his petition contended that Khan had not taken oath so far since he had been declared returned in the July 2018 general elections. 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 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 tantamount to breaching sacred trust of people of his constituency and a violation of Article 2-A, 17 and 25 of the Constitution.The lawyer further contended that rule 6 of rules of procedure and conduct of business in provincial assembly to the extent of not providing time limit for taking oath were also ultra vires of the Constitution.He asked the court to declare the impugned rules of the assembly null and void for not carrying a time frame of oath taking, de-notify Khan for not taking oath of his office and order a fresh election in the constituency.

from The News International - National http://bit.ly/2MEn9Gc
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