Humayun Khan
PESHAWAR: The appointment of Caretaker Chief Minister Khyber Pakhtunkhwa Syed Irshad Hussain has been challenged at Peshawar High Court (PHC) and writ seeking stoppage to exercising the power as well as to declare as illegal, on Tuesday.
The counsel Wali Khan Afridi and Shah Faisal advocates had filed writ petition on behalf of Tajamul Hussain advocate seeking appointment of Caretaker Chief Minister as illegal and unconstitutional.
Late Muhammad Azam Khan passed away on 11th November as Caretaker Chief Minister Khyber Pakhtunkhwa while on the 2nd day a member of caretaker cabinet Syed Irshad Hussain was appointed as Caretaker Chief Minister which is violative to Article 224/224A, the writ stated.
Governor had use unconstitutional means by calling former Chief Minister and Opposition Leader Khyber Pakhtunkhwa for consultation which was concluded with the notification of Syed Irshad Hussain as Caretaker Chief Minister despite there is no existing Assembly in the province, the petition added.
The writ pleaded that the Caretaker government had only jurisdiction for holding of free and fair elections along with operating day-to-day subject matters. The caretaker government didn’t take single step for holding free and fair election despite a constitutional responsibility, the writ argued. The caretaker setup neither took a step towards election nor fulfilled any constitutional responsibility but violated constitutional jurisdiction, the petition stated.
It is a threat for free and fair election because caretaker government is working as per political agenda while argued for declaring appointment of Caretaker Chief Minister Syed Irshad Hussain null and void decided by former Chief Minister and Opposition Leader Khyber Pakhtunkhwa Assembly.
Attorney General of Pakistan, Advocate General, Caretaker Chief Minister, Cabinet, Secretary Law, and Federal’s government along with others were made respondents in the writ plea while further seeking like caretaker CM, cabinet can’t be sustain because it is established unconstitutionally.
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