Rawalpindi-The Lahore High Court (LHC) Rawalpindi Bench on Tuesday has dismissed a writ petition filed by a citizen against former interior minister Chaudhry Nisar Ali Khan to direct him for taking oath as member of provincial assembly from his electoral constituency PP-10.

The writ petition was filed by Chaudhry Noor Khan, a resident of Sangral, with Lahore High Court through his lawyer Asad Abbasi making the Election Commission of Pakistan, Speaker Punjab Assembly and the MPA Chaudhry Nisar Ali Khan as respondents. The petition was filed two days ago by the citizen seeking court’s intervention in asking the winning candidate to take oath as MPA from PP-10.

Lahore High Court Rawalpindi Justice Malik Shehzad Ahmed Khan Gheba took up the petition during which Asad Abbasi argued before the court that MPA Chauhdry Nisar Ali Khan had bagged victory from PP-10 in general elections 2018 but he had not taken oath so far.

The lawyer added the court should order the MPA to take oath or evacuate the seat so that by-elections could be held for solving problems of voters of said constituency. “There is no public elected representative of PP-10 present in the Punjab Assembly.

Therefore, Chaudhry Nisar Ali Khan must be disqualified and by elections be conducted,” he pleaded. On this, Lahore High Court Justice Malik Shehzad Ahmed Khan Gheba asked the lawyer either constitution of Pakistan, Election Commission of Pakistan or any other law restrict an elected MP for taking oath in a specific time frame? He also directed the lawyer to present previous judgements of such type of cases before the court. The Lahore High Court Rawalpindi Bench Justice Malik Shehzad Ahmed Khan Gheba rejected the petition and remarked, “There is no law in the constitution which binds public elected representatives to take oath in limited time period.”