Reply sought in acting governor case

LAHORE
THE Lahore High Court Monday again issued notice to the federal government to submit reply to a petition challenging appointment of Punjab Assembly Speaker as Acting Governor Punjab.
Previously, the court had sought a copy of notification from the federal government issued for Governor’s appointment, however, it was not provided to the court.
The petitioner-lawyer stated that Ch Sarwar had tendered his resignation but the appointment of caretaker governor was not only in conflict with the Constitution but against the basic nomenclature, scheme and structure of the Constitution. He, therefore, stated the appointment of caretaker/governor was not only an act of illegal nature but violation of the mandatory provisions of the Constitution of Pakistan. He submitted the appointment of provincial assembly speaker as a governor of the province had a very limited scope under Article 104 of the Constitution which related to illness, visit abroad or unable to perform his function due to any other cause.
The petitioner stated that the governor of the province would be appointed by the president on the advice of the prime minister. A governor should be qualified to be elected as an MNA and he was also required to be a registered voter and the resident of the province concerned. The governor could hold office during the pleasure of the president and his salary, allowances and privileges may be determined by the president, he said. He said the governor might tender his resignation addressed to the president while the president was empowered to make such provisions for the discharge of the functions of the governor in any contingency not provided for in the Constitution.
The petitioner submitted that so-called appointment of caretaker/acting governor in the province was required to fulfill the basic conditions as laid down in the Constitution, if the working governor was no more in his office.
He prayed the court to direct the acting governor of Punjab to explain under what authority of law he was holding the office of governor and he be removed from his office. He prayed the court to direct the authorities concerned to make appointment on merit as laid down by the Constitution.