MPA-elect Nisar's failure to take oath challenged in LHC

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Former interior minister Chaudhry Nisar Ali Khan’s continued failure to take oath in the Punjab Assembly was challenged in the Lahore High Court (LHC).

Nisar contested the 2018 general elections from two NA and two provincial seats, losing all but from the PA-10 constituency. He has, however, not taken his oath — a development that has been challenged in the high court.

The petition, filed by Advocate Nadeem Sarvar on behalf of Advocate Mian Asif Mahmood, prays the court to direct the Election Commission of Pakistan (ECP) to de-notify Nisar for his failure to take oath, and also pleaded the court to order the federal and Punjab governments to amend the relevant laws and introduce a time frame for lawmakers-elect to take their oath.

The petitioner claimed that Nisar’s decision to not take his oath was a violation of the law of people’s representation.

Furthermore, the petition states that Nisar’s failure to take oath was not only an insult to the voters but also a violation of the Article 2A, 17 and 25 of the Constitution.

“The act of not taking oath amounts to depriving the people of said locality from their fundamental right enshrine in the Articles 2-A, 17 and 25 of the Constitution because representation is an activity of citizens’ voices, opinions and perspectives ‘present’ in public policy making process,” the petition notes, adding that “representation only occurs when representative speaks, advocate, symbolise and act on the behalf of the electors in parliament.”

The court has fixed the petition for hearing on Monday.