Justice Syed Mansoor Ali Shah of the Lahore High Court on Monday issued a fresh notice to the federal government for submitting its reply till February 13 on a petition challenging the appointment of Punjab Assembly Speaker Rana Iqbal as acting governor.
The judge had earlier sought a reply from the federal government but it was not submitted.
An advocate, Munir Ahmad, filed this petition. Counsel for the petitioner Muhammad Azhar Siddique submitted that after resignation of governor Ch Sarwar, the speaker Punjab Assembly was appointed the caretaker governor, which was against the constitution. He said that either the working governor will resume his office if the circumstances provided in the constitution arise or a new governor be appointed, but a middle-way governor or caretaker governor may not be appointed. He submitted that after the resignation of the ex-governor, appointment of a caretaker governor was not only in conflict with the provision of the constitution but also against the basic nomenclature, scheme and structure of the constitution.
He also said that the appointment of caretaker governor was not only an act of illegal nature but violation of mandatory provisions of the constitution as well.
He said that the Article 199(1)(b)(ii) lays down the powers to LHC to require the person who holds a public office to show under what authority of law he claims to hold that office. He requested that acting governor should be removed from his office and direction may be given to the respondents concerned for appointment of the governor who fulfils the criteria and requirements as laid down in the Constitution of Pakistan, 1973.
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