LAHORE - A writ petition was filed in the Lahore High Court on Tuesday challenging acting Punjab Governor, seeking direction for the authorities concerned to appoint such a person as governor who met the criteria and requirements as laid down in the constitution. Munir Ahmad Advocate filed the petition through Advocate Azhar  Siddique saying that after the resignation of the Ex-Governor and appointment of caretaker governor is not only in conflict with the provision of the constitution but also against the basic nomenclature, scheme and structure of the constitution, therefore, the appointment of caretaker/Governor is not only an act of illegal nature but violation of the mandatory provisions of the constitution as well.

He further said the appointment of Speaker of the Provincial Assembly as a Governor has a very limited scope and the constitution specifically laid down them in the Article 104 of the constitution, which relates to illness, visit abroad or unable to perform his function due to any other cause.

He further said that the Governor of the province will be appointed by the President on the advice of the Prime Minister. A Governor is qualified to be elected as a Member of the National Assembly and also he is required to be a registered voter and resident of the Province concerned. The said Governor will hold office during the pleasure of the President and his salary, allowances and privileges may be determined by the President.  

The Governor may resign of his office by tendering his resignation addressed to the President, he said. He further said President is empowered to make such provisions for the discharge of the functions of the Governor in any contingency not provided for in the Constitution. The so called appointment of a caretaker/acting Governor in the Province is required to fulfill the basic conditions as laid down in the Constitution, if the working Governor is no more in his office.