ISLAMABAD: The Islamabad High Court (IHC) on Tuesday rejected a petition seeking directions to the federal government to notify Speaker Gilgit-Baltistan (GB) Assembly as acting Governor.
A single bench of Chief Justice Athar Minallah heard the petition moved by a citizen through advocate Waheedur Rehman Qureshi, arguing that the said slot has been vacant for the last 48 days.
The petitioner, a resident of the GB, invoked the constitutional jurisdiction of the IHC under Article 199 of the 1973 Constitution seeking the Court’s direction to the federal government to notify the speaker GB Assembly as the acting Governor in order to restore the constitutional functioning of the GB.
The petitioner asserted that the office of GB governor fell vacant on 19.04.2022, and contended that the federal government is refusing to fulfil its obligation by notifying the Speaker as the Acting Governor of GB.
The counsel has referred to the relevant provisions of the Government of Gilgit-Baltistan Order, 2018 and Article 33 of the Order of 2018 that provides that there shall be a Governor who shall be appointed by the president on the advice of the prime minister.
Sub-clause of Article 33 says; “When the Governor is unable to perform his functions, the Speaker of the GB Assembly and in his absence any other person as the President may nominate shall perform the functions of Governor until the Governor returns to Gilgit-Baltistan or, as the case may be, resumes his functions.”
The IHC bench observed that admittedly, the office of Governor GB fell vacant pursuant to acceptance of resignation submitted by the former Governor. It added that in such an eventuality sub Article (2) of Article 33 is not attracted.
However, in order to fill the office of Governor Gilgit-Baltistan the President on the advice of the prime minister has to appoint a person as the Governor.
Justice Minallah noted, “A combined reading of Article 33 of the Order of 2018 explicitly shows that after the office of Governor falls vacant a fresh appointment has to be made by the President on the advice of the Prime Minister.”
The chief justice stated that the prayer sought in the petition is misconceived. He; however, expected that the President would appoint a Governor on the advice of the Prime Minister in accordance with the manner prescribed under the Order of 2018. He; therefore, disposed of the petition.
Copyright Business Recorder, 2022
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