MUHAMMAD HAMZA SHAHBAZ SHARIF vs FEDERATION OF PAKISTAN arts — 2022 PLD 504 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PLD 504 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PLD
Parties: MUHAMMAD HAMZA SHAHBAZ SHARIF vs FEDERATION OF PAKISTAN arts
Subject matter: Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD HAMZA SHAHBAZ SHARIF VS FEDERATION OF PAKISTAN arts. 189, 199 (1)(c) & 255---Constitutional petition---Enforcement of fundamental right---Oath of Chief Minister, administering of---Word 'impracticable'---Scope---Petitioner was elected as Chief Minister but Governor was not taking oath from him---Validity---Word 'impracticable' used in art. 255 of the Constitution made it clear that oath was to be made before a specific person---If it was impracticable for the reason, oath could be made before such person as nominated by that person---Earlier decisions of High Court despite having binding effect were ignored deliberately by President of the country as well as by Governor of the province concerned---Governor of the province through his conduct had also himself made it impracticable for the oath to be made before him---Directions / suggestions given by High Court in earlier judgments and law laid down by Supreme Court were binding on the Courts under art. 189 of the Constitution---High Court nominated Speaker National assembly to administer oath to newly elected Chief Minister of the province---Constitutional petition was allowed, in circumstances.

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