Peshawar, July 21, 2025: Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur and Provincial Assembly Speaker have jointly filed a petition in the Peshawar High Court (PHC), challenging the recent oath-taking of reserved seat MPAs at the Governor’s House.
The petition, naming the federal government, Peshawar High Court Registrar, Governor Khyber Pakhtunkhwa, the Election Commission of Pakistan (ECP), and others as respondents, argues that the ceremony held at the Governor’s House was “extra-constitutional” and violated parliamentary norms.
According to the petition, the assembly session had been adjourned until July 24 due to a quorum issue, not because the speaker refused to administer the oath. Therefore, the oath-taking outside the assembly premises lacks constitutional validity.
The petition cites Article 65 of the Constitution, which mandates that members must take their oath within the assembly. It also refers to Article 255(2), noting that the clause allows an alternate arrangement only in cases of “impracticality,” a condition the petitioners argue does not apply in the present situation.
The petition further contends that the Chief Justice of the Peshawar High Court exercised judicial authority, not administrative powers, under Article 255(2, and therefore could not lawfully nominate the Governor to administer the oath. It claims neither the Speaker nor the Chief Minister was given a chance to present their viewpoint before this decision was made.
The assembly session in question had been convened on the instructions of the ECP, and the reserved-seat members were sworn in at the Governor’s House following the speaker’s adjournment of proceedings.
The court is expected to take up the matter in the coming days, as the controversy continues to stir political and legal debate over constitutional procedures in Khyber Pakhtunkhwa.
