Peshawar – The reserved seats controversy reached the Peshawar High Court on Monday as two crucial petitions came under hearing. Chief Minister Ali Amin Gandapur and Khyber Pakhtunkhwa Assembly Speaker Babar Saleem Swati filed one of the petitions. They challenged the oath-taking of reserved seat members at the Governor House.
They argued that the Constitution’s Article 65 clearly states that members must take the oath inside the Assembly Hall. The Speaker had already adjourned the Assembly session until 24 July due to a lack of quorum. The petition claimed that any oath-taking in this situation, outside the Assembly, was unconstitutional.
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The petitioners also questioned the Chief Justice’s role in authorizing the Governor. They claimed they were not given a chance to present their viewpoint. According to them, Article 255(2) allows an alternate oath only if taking the regular oath becomes “impractical.” They insisted that no such impracticality existed in this case.
They further argued that if the Chief Minister and Speaker had refused to carry out the oath, only then could the Chief Justice nominate another authority. Since the Chief Minister had already convened a session on the Election Commission’s instructions, there was no refusal from his side.
In a related case, the court also heard a petition challenging the Election Commission of Pakistan’s decision to declare PTI-backed candidates as independents. Advocate Bashir Khan Wazir presented the petition. He claimed that the ruling violated the Elections Act 2017.
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He referred to Section 2(28) of the Act. It defines a political party as any group of individuals acting together for political goals. He added that even if a party has no electoral symbol, Section 66 confirms its legal status remains intact.
Justice Ejaz Anwar and Justice Faheem Wali heard both petitions. Advocate General Shah Faisal Utmankhel, Additional Attorney General Sanaullah, the Election Commission’s legal team, and Advocate Bashir Khan Wazir appeared in court.
During the hearing, Justice Ejaz Anwar observed, “The oath has already taken place—what do you expect from the court now?” However, he acknowledged that the matter raised significant constitutional questions.
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The petitioners informed the bench that the Chief Minister and Speaker had also filed a separate challenge to the oath. The court accepted the request to hear both matters together. Justice Ejaz Anwar ordered the clubbing of all petitions and called for a joint hearing after a short recess.
