LAHORE: A division bench of the Lahore High Court (LHC) admitted an appeal of PML-Q MPAs for hearing against a single bench of the LHC asking the Speaker National Assembly to administer oath taking to Chief Minister Hamza Shehbaz as some important issues were raised in the Intra Court Appeal.
The bench referred the appeal to the Chief Justice for constitution a larger bench for its disposal in accordance with the law after Eid holidays.
The applicant’s counsel raised the issue that neither the President of Pakistan and Governor of the Punjab were made as respondents in the constitutional petition, nor any notice of hearing was issued enabling them to controvert the contentions raised by respondent.
He said important legal and constitutional questions raised by counsel for appellants qua maintainability of constitutional petition had neither been noted nor repelled with reasons in impugned judgment.
He said since interpretation of various constitutional provisions was involved, notice was required to be issued to Attorney General of Pakistan and Advocate General of Punjab, but the mandatory provisions of law were not complied with and single bench passed the impugned judgment without due process guaranteed under Articles 4 and 10-A of the Constitution.
He said fresh constitutional petition was not competent and remedy, if any, was by way of filing contempt petition.
He also argued that High Court has no authority to nominate any specific person, including Speaker of the National Assembly, for administration of oath to the newly elected Chief Minister of the Punjab, thus the impugned judgment, being in violation of various provisions of the Constitution as well as applicable law, is unsustainable.
Copyright Business Recorder, 2022
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