W.P No. 1617-P of 2024 Shazia Tehmas Khan Vs Federation of Pakistan & others

Peshawar High Court · 2024

Provisions of Articles 63-A(7)(a) & 65, 255, 260 of the Constitution have been discussed. Oath on served seat is discussed. The petitioners are duly notified returned candidates for the seats reserved for women and the non-Muslims. Until and unless the petitioners make oath of their offices as prescribed by Article 65 of the Constitution which shall be administered by the worthy Speaker before the house or any other person duly nominated by him in terms of Article 255 thereof, neither they can sit in the house, nor can they participate in the proceedings of the Assembly in any manner. Rule 6 of the Provincial Assembly of Khyber Pakhtunkhwa Procedure and Conduct of Business Rules, 1988 also deals with the Oath and signing of Roll of Members. The term ‘House’ used in Article 65 of the Constitution has been defined in Article 63-A(7)(a) & 260 of the Constitution. Arguable question before the Court is the interpretation of the ibid Articles and Rule 6 of the Oath and singing of Roll of Members. Employing the above referred interpretive guideline(s) to the ibid Articles of the Constitution and; rules, effect should be given to every word, paragraph, clause, and Article of the Constitution, and redundancy should not be imported thereto. The bare reading of the ibid provisions imparts that a Member shall not sit or vote in the Assembly until he has made before the Assembly an oath as required by the Constitution and signed the Roll of Members. Upon reading Articles 65 & 255 in juxtaposition with Articles 63-A(7)(a) & 260 and thoroughly examining the above referred provisions, we understand that the language of the ibid provisions is clear enough, as such it does not require any outside or extrinsic aid to determine their meaning. It is a well recognized and accepted principle of construction of statutory and Constitutional law that in case the language is clear, no outside or extrinsic aid can be applied and; brought to determine its meaning. Federation of Pakistan vs. Dur

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