Law: Constitution of Pakistan, 1973

Section: 42,91(5),102,178,199

Constitution of Pakistan, 1973-- ----Arts. 42, 91(5), 178, 102 & 199--Constitutional Petition--Oath to Governor of Province--Violation of provisions of constitution--Venue of oath--Challenge to--Governor shall make oath before Chief Justice of High Court--It goes without saying that nowhere it has been laid down in constitution as to venue where such oath is to be administered to respective Governor of a Province--It was probably within mind of legislators, whose wisdom cannot be questioned thought it fit that oath shall be administered to Governor of a Province before Chief Justice but venue has not been specified or highlighted--We appreciate arguments of petitioner being a learned Counsel but we are not with him so far as prayer that he has made at tail end of his arguments that oath be accordingly administered to Governor of Khyber Pakhtunkhwa in premises of High Court--Petition was dismissed. THIS JUDGMENT DELIVERED BY: QAISER RASHID KHAN, J.- Through the petition in hand, the petitioner has prayed as under:-- "On acceptance of this petition, for supremacy, integrity and independence of the law and judiciary in true sense and compliance with the mandate of Article 102 of the Constitution in real interpretation, this august Court may very graciously be pleased to restrain the respondents from conducting / arrangement of the oath taking ceremony of the newly or subsequently coming Governor (s) of the Khyber Pakhtunkhwa at Governor House, Peshawar instead of at the august Peshawar High Court, Peshawar before Honourable the Chief Justice along with grant of any other adequate remedy deemed fit by this august Court though not specifically prayed in best compliance with the law." 2. As per the averments in the petition, the petitioner is a member of the Provincial Bar Council and the High Court Bar Association and has brought the instant petition in respect of the Oath administered to the Governor of a Province in terms of Article 102 of the Constitution of the Islamic Republic of Pakistan, 1973. 3. The petitioner contends that Article 102 of the Constitution pertains to the oath to the Governor of a province whereby, it has clearly been stated that the…

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