SHAZIA TEHMAS KHAN vs FEDERATION OF PAKISTAN R — 2025 PLD 125 PESHAWAR-HIGH-COURT

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SHAZIA TEHMAS KHAN VS FEDERATION OF PAKISTAN R. 6---Constitution of Pakistan, Arts. 17, 65 & 199---Constitutional petition---Oath of elected representative---Freedom of association---Scope---Petitioners were notified as Members of Provincial Assembly on reserved seats, who were not administered oath before upcoming election of Senate---Validity---Oath is to Allah Almighty and surely not to the person who is administering such oath---Person who discharges such obligation only performs an administerial obligation required by the Constitution---When such person is incapable or is not willing to administer oath or when it is impracticable for him by any reason or he is avoiding to discharge such responsibility, then such person transgresses the Constitutional mandate bestowed upon him---Members of Provincial Assemblies constituted constituency for election of Senate and if petitioners were not administered oath, then the very constituency would remain incomplete which would be negation of Constitutional mandate---Non-administration of oath to petitioners would also amount to preventing them from exercising their right to vote which was also violative of the provisions of Art. 17 of the Constitution---High Court directed Chief Minister of Khyber Pakhtunkhwa and provincial Cabinet to take all material steps in terms of Art. 105 of the Constitution for summoning session of Provincial Assembly, so that oath was administered to petitioners in terms of Art. 65 of the Constitution before upcoming Senate elections---High Court directed Speaker of Khyber Pakhtunkhwa Assembly to administer oath to petitioners in the session to be requisitioned and also allow petitioners to sign Roll of Members in terms of Arts. 65 & 225 of the Constitution read with R. 6 of Provincial Assembly of Khyber Pakhtun-khwa Procedure and Conduct of Business Rules, 1988---Constitutional petition was allowed accordingly. Citation Name: 2025 PLD 125 PESHAWAR-HIGH-COURTBookmark this Case SHAZIA TEHMAS KHAN VS FEDERATION OF PAKISTAN Trichotomy of power is essential and important as it is a basic feature of the Constitution.

SHAZIA TEHMAS KHAN vs FEDERATION OF PAKISTAN R — 2025 PLD 125 PESHAWAR-HIGH-COURT

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