PESHAWAR - Appointment of caretaker Chief Minister Khyber-Pakhtunkhwa Justice (R) Dost Muhammad Khan has been challenged in the Peshawar High Court.

A lawyer of the high court hailing from Nowshera, Aziz-ud-Din Kakakel, filed a writ petition seeking an order of the court to declare appointment of Justice (R) Dost Muhammad as void and against the law.

The caretaker chief minister, Chief Election Commissioner, KP Election Commissioner, KP government through chief secretary and President of Pakistan have been made respondents in the petition.

In the petition, the lawyer claimed that appointment of the caretaker chief minister was in violation of Article 63 (I) (k) of the Constitution.

Article 63 (I) (k) reads, “A person shall be disqualified from being elected or chosen as, and from being, member of the Majlis-e-Shoora (Parliament), if he has been in the service of Pakistan or of any statutory body or body which is owned or controlled by the government or interest, unless a period of two years has elapsed since he ceased to be in such a service.” The lawyer claimed that the respondent (caretaker chief minister) does not fulfil requirements of Article 62 and 63 of the Constitution as he retired as judge of the Supreme Court on March 20, 2018.

The lawyer also stated that as per the National Judicial Policy, no judge of the superior court shall accept an appointment, which is lower to his status or dignity including appointment as presiding officer of banking court, customs court or administrative tribunal.

However, the petitioner claimed that as per the National Judicial Policy, the respondent caretaker chief minister stands disqualified as present status of his post was low than the post from which he retired. In prayer of the petition, he requested the court to declare the appointment of the present caretaker chief minister KP as void and direct the respondent Election Commission of Pakistan to appoint another caretaker chief minister for the province.