PESHAWAR: The Peshawar High Court (PHC) on Wednesday admitted for hearing a constitutional petition challenging the appointment of Khyber Pakhtunkhwa’s caretaker Chief Minister Justice (Retd) Dost Muhammad Khan.
A bench comprising Justice Waqar Ahmed Seth and Justice Nasir Mehfooz issued notice to KP Advocate General to submit comments within three days.
Petitioner Syed Azizuddin Kakakhel argued that the appointment of the interim CM is in violation of Article 62 and 63 of the Constitution.
According to the relevant service rules of Pakistan, a person who has served any statutory body cannot be appointed unless a period of two years has elapsed since the end of serving tenure, he added.
The petitioner, who is a lawyer by profession, further contended that the appointment is also in violation of the Judicial Policy 2009.
He pleaded that the appointment of Justice (retd) Dost Muhammad Khan be declared illegal and unconstitutional.
The hearing of the case was adjourned till June 27.
Meanwhile, a petition challenging the appointment of former bureaucrat Fazlur Rehman as Sindh caretaker Chief Minister was also filed in the Sindh High Court (SHC).
The petitioner submitted to the court that the incumbent CM doesn’t hail from the province.
Citing President Mamnoon Hussain, interim Prime Minister Nasirul Mulk, Chief Election Commissioner Sardar Mohammad Raza and Sindh Election Commissioner Mohammad Yousaf Khan Khattak as respondents, the petitioner pleaded that the appointment of the interim CM may be declared illegal and unconstitutional.
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