Peshawar: Peshawar High Court (PHC) has reserved judgment on constitutional petition filed by PTI under article 255 pertaining to delay in oath taking of newly elected Chief Minister (CM) KP.
Chief Justice (CJ) PHC S.M Attique Shah took up for hearing petition for administering oath to newly elected CM KP Sohail Afridi Tuesday.
During the hearing the court asked about the stance of governor KP several times.
At the inception of hearing CJ PHC inquired from Additional Attorney General (AAG) " tell us governor has said what about it.
AAG told the court governor is in Karachi on official visit. He will return tomorrow through flight.
CJ inquired upon it will he administer oath tomorrow.
AAG told the court governor has called Ali Amin Gandapur.
CJ said it is a separate issue. Tell us will he administer oath or otherwise.
AAG said governor will return tomorrow and decide it as per legal requirements .
Amir Javed counsel for governor told the court governor had gone to Karachi after calling Ali Amin Gandapur. He will take step as per law on his return from Karachi.
The CJ PHC remarked resignation takes place when it is given by the chief minister. no matter governor approves it or otherwise.
Counsel for governor said it is premature to say that governor will not administer oath.
The CJ further inquired will it be possible tomorrow that governor decides about administering oath and not about the matter of resignation.
Ali Amin Gandapur had acknowledged the matter of tendering resignation on floor of assembly.
Counsel for governor took the plea as governor is not in the province at present , he cannot make any decision on his own without seeing.
Suleman Akram Raja counsel for PTI took the plea Ali Amin Gandapur tendered resignation and cast vote in favor of new chief minister. Governor is using dilatory tactics. Possibility is there he adopts some new way tomorrow and defers this matter.
The court reserved the judgment following the completion of arguments of the respondents.