The constitutional petition, submitted through advocates Rehmanullah Shah and Ashfaq Dawoodzai, has been filed by seven members including Suresh Kumar, a minority representative from PML-N. The Election Commission of Pakistan (ECP) and the Speaker of the Provincial Assembly have been named as respondents.
According to the petitioners, following the verdict of the Supreme Court’s constitutional bench, members elected on reserved seats were reinstated, and the ECP issued the notification of their restoration on July 2. The petitioners then formally requested the Speaker of the Provincial Assembly to administer their oaths. However, the Speaker’s Secretary responded that the oath would be administered only when the Assembly convenes.
The petition argues that under Article 255(2) of the 26th Constitutional Amendment, the Chief Justice has the authority to nominate a person to administer the oath if the Speaker fails to do so. The petition also notes that the schedule for Senate elections in K-P was announced on July 21, and the oath-taking must be completed beforehand so that the members can exercise their right to vote.
The petition warns that failure to administer the oath could deprive the elected members of their constitutional right to vote. It requests the court to issue immediate orders for oath-taking and has also sought an early hearing of the case.