Petition challenges Khosa's appointment: LHC seeks assistance of bar president, others

The Lahore High Court while rejecting the plea to restrain newly appointed Governor Punjab Sardar Latif Khosa from taking oath adjourned to January 19 the proceedings in a petition challenging his appointment as Governor Punjab. The court directed the petitioner, Muhammad Nawaz Cheema advocate to make province of Punjab as party in the petition.
It also sought assistance of president Lahore High Court Bar Association, an additional advocate general and deputy attorney general of Pakistan. The petitioner, a bar member, filed the petition under article 199 of the constitution, claiming that the LHC in a case "Ghulam Hussain vs Karim Bakhs" (1980) had held the respondent, Khosa, as a man of professional misconduct and consequently directed all the subordinate courts of Punjab not to take notice of any order or document referred to by the respondent or any member of his associates unless a certified copy of such order was produced.
The petitioner pleaded that under the constitution, "A person shall not be appointed a governor unless he is qualified to be elected as a member of National Assembly."
The respondent, therefore, is not qualified under the provisions of article 62 of the constitution and is disqualified under the provisions of article 63 of the constitution to be elected as member National Assembly, hence not eligible to become governor, he added. The petitioner further added that the respondent was removed from his office of attorney general on Supreme Court observations due to his disqualification.
A person who is disqualified to hold the office of attorney general cannot hold the office of governor as per law relied upon by the Supreme Court, the petitioner said. The petitioner therefore, prayed to the court to declare the recommendation and advice of the President of Pakistan and the Prime Minister for appointment of Sardar Latif Khosa as Governor Punjab as illegal and unconstitutional.