Justice Jawad Hassan of Lahore High Court (LHC) on Monday sought replies within fortnight from the federal government and the election commission of Pakistan (ECP) on a petition challenging an ordinance that made it mandatory for elected representatives to take oath within 60 days after the poll to avoid disqualification.
The LHC judge remarked that apparently, the federal legislative list gave no power to the federal government to fix the time period for oath-taking of a member of an assembly. Judge also remarked that legislation through ordinances in the presence of the assemblies was unreasonable and as the petition raised some serious question, its needed consideration.
An advocate Farid Adil moved this petition. He claimed that the president of Pakistan unconstitutionally promulgated the impugned ordinance to amend the Election Act 2017 and set a time limit for taking oath by an elected parliamentarian.
He pointed out that the Constitution did not provide any such time limit and introducing such restriction through an ordinance was against the basic structure of the Constitution. He said that an ordinance could not amend the constitution.
He requested to set aside the impugned ordinance and the amendment made in the Election Act for being unconstitutional. He also requested to suspend the operations of the ordinance till final decision of the petition.