MUHAMMAD HAMZA SHAHBAZ SHARIF vs FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice arts

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MUHAMMAD HAMZA SHAHBAZ SHARIF VS FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice arts. 199 & 255---Constitutional petition---Oath of office---Delay, causing of---Dispute was with regard to administering oath to newly elected Chief Minister as Governor was reluctant either to take oath himself nor had appointed some other person in such regard---Validity---all enabling provisions/articles of the Constitution, suggested prompt formation of Governments, i.e. Provincial and Federal---For such matter, expeditious administration of oath either by the President or by Governor or their nominee, as the case could be, was mandatory---all expected reasons/options causing delay were excluded/procured by suggesting/providing alternate mechanism---Vacuum or space existed in the Constitution for causing any delay in administration of oath required under the Constitution---Province of Punjab was being operated without functional Government for the last 25- days since acceptance of resignation of the then Chief Minister---Oath of newly elected Chief Minister, Punjab was being delayed on one pretext or the other, which was not only against democratic norms but also against scheme of the Constitution---High Court suggested / advised / proposed that Governor would ensure completion of process of administration of oath of Chief Minister Punjab, either himself or through his nominee, in terms of art. 255 of the Constitution, within two days---High Court suggested the President of Pakistan to play his role mandated by the Constitution/Law, ensuring a functional Provincial Government in Punjab, as he was also under Constitutional obligation to facilitate expeditious administration of oath of Prime Minister or Chief Minister in any Province---Constitutional petition was allowed accordingly. art. 199---Constitutional petition---High Court, powers of---administration of justice---High Court is custodian to protect, observe and defend the Constitution---High Court is in all respects justified to exercise powers provided under art. 199 of the Constitution for supremacy of law as none whosoever highly placed is above law.

MUHAMMAD HAMZA SHAHBAZ SHARIF vs FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice arts — 2023 PLD 105 LAHORE-HIGH-COURT-LAHORE

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