• Governor okays appointment after ex-CM, opposition chief agreed on his title
• Shah had served as legislation minister in former CM Azam Khan’s cupboard earlier this 12 months

PESHAWAR/ISLAMABAD: Justice (r) Arshad Hussain Shah sworn in because the caretaker Khyber Pakhtunkhwa chief minister on Sunday, a day after his predecessor Azam Khan handed away after a short sickness.

KP Governor Haji Ghulam Ali administered oath to Shah at a ceremony at Governor’s Home in Peshawar hours after former CM Mahmood Khan met former opposition chief Akram Khan Durrani for session on the appointment of the brand new interim chief govt.

On Saturday, the KP governor had penned letters to for the previous CM and the opposition chief, inviting them to start session course of below Article 224(1A) of the Structure for the subsequent chief minister’s appointment.

Within the letter, the governor had mentioned he was below constitutional obligation to name upon them. He added that as per the Structure, the method needs to be accomplished in three days.

In line with a notification issued after at this time’s assembly, Durrani and Mahmood had agreed to nominate Shah because the caretaker CM below clause 1(A) of Article 224 of the Structure.

The identical was subsequently despatched to the KP governor, who permitted it.

Shah was appointed because the legislation minister in former CM Azam Khan’s cupboard earlier this 12 months. Beforehand, he additionally served because the chief justice of Gilgit-Baltistan.

Authorized conundrum

Azam Khan’s demise had stirred a debate as to how a brand new caretaker chief govt of the province can be appointed since there have been no specific constitutional provisions about procedures to be adopted in such a situation.

Articles 224 and 224-A present a mechanism for the preliminary appointment of a caretaker chief minister after the dissolution of a provincial meeting, however these provisions are silent about procedures to be adopted in case of the dying or resignation of an incumbent.

Equally, the Elections Act 2017 gives for the features of a caretaker authorities however has no provision to cope with the current state of affairs.

Some authorized minds believed that the identical mechan­ism that was enshrined in Article 224 and Article 224-A might be adopted for the brand new appointment, however a former secretary of the Election Commi­ssion of Pakistan begged to vary.

In line with Kanwar Dilshad, because the assemblies now not exist, the Senate was empowered to resolve in such an emergency.

“If Senate fails to agree on a reputation then the matter will likely be referred to the ECP,” Dilshad instructed reporters. If the chief of the home and the chief of opposition within the Senate didn’t agree on a reputation, then the matter can be referred to the ECP.

The state of affairs turned additional sophisticated ex-CM Mahmood Khan, who was a constitutional consultee within the preliminary appointment of the caretaker chief minister, has alre­ady left the previous ruling social gathering.

“That is an unprecedented case, because the slot of the caretaker chief minister has by no means earlier than fallen vacant,” mentioned former Khyber Pakhtunkhwa advocate basic Shumail Ahmad Butt.

He contested the opinion shared by the ex-ECP official, saying the identical mechanism as supplied in articles 224 and 224-A wanted to be adopted on this case as properly.

Butt, who’s a constitutional lawyer, mentioned that below Article 224 of the Structure, the Khyber Pakhtunkhwa governor ought to appoint the brand new caretaker chief minister in session with the chief minister and chief of the opposition within the dissolved provincial meeting.

As per Article 224-A, in case of a disagreement between the CM and the opposition chief, the 2 ahead two names every to a committee of the provincial meeting to be constituted by the speaker. If disagreements persist then the matter is referred to the ECP.

When requested in regards to the then chief minister Mahmood Khan now not being a PTI member, he mentioned the Structure had not positioned a bar {that a} CM not commanding majority within the dissolved meeting shouldn’t be consulted.

Senior authorized specialists opined that the constitutional disaster had emerged within the province after the demise of the caretaker CM as, with the dying of the provincial chief govt, the caretaker cupboard additionally stood dissolved.

“Articles 224 and 224-A of the Structure present for nomination/appointment of a caretaker chief minister however there’s full silence in regards to the process to be adopted in case of his dying,” they identified. They added: “It’s a case of first impression and the burden will now be on courts to interpret the constitutional provisions.”

Then again, Caretaker Data Minister Murtaza Solangi had mentioned there was no room for hypothesis.

In a put up on X (previously Twitter), he mentioned after the caretaker CM’s demise “the governor, chief secretary and the provincial authorities shall carry out their duties accordingly”.