PESHAWAR: The Peshawar High Court on Tuesday reserved its verdict in a case pertaining to the oath-taking of Khyber Pakhtunkhwa chief minister-elect Sohail Afridi as the additional attorney general informed the court the matter would be decided once Governor Faisal Karim Kundi returns from abroad.
The PHC bench, headed by Chief Justice SM Attique Shah, was hearing a petition filed by the members of the provincial assembly, including the KP Assembly speaker, under Article 255 of the Constitution, seeking the immediate swearing-in of the new chief executive.
The petition also urged the court to nominate an alternative authority, such as the speaker or another official, to administer the oath if the governor is unavailable.
During the hearing, the additional attorney general informed the court that the governor is currently abroad on an official visit and is expected to return by 2pm tomorrow.
To which CJ Shah inquired what KP Governor Faisal Karim Kundi said regarding the oath ceremony. The additional attorney general replied that the governor has called Ali Amin Gandapur to discuss the approval of his resignation.
“Tell us clearly whether or not the governor expressed consent to administer the oath?” the PHC CJ asked. In response, the additional attorney general said the matter would be decided once the governor returns.
He also informed the court that Governor Kundi has nominated Advocate Amir Javed to present arguments on his behalf who argued that, “until the new chief minister assumes office, the outgoing chief minister will continue to run official affairs.”
PHC CJ Shah, observed that such a situation would only arise if there had been no election. “But in this case, the election has already taken place,” he remarked, adding that other political parties had also submitted nomination papers for the chief minister’s slot.
Salman Akram Raja, representing the petitioner, argued that Gandapur had also admitted resigning as the CM on the assembly floor a day earlier.
“Gandapur himself acknowledged his resignation in the assembly and was the first to cast a vote for Sohail Afridi,” Raja said.
He argued that the governor had raised objections over the signature on the resignation document, adding, “Once Gandapur himself accepted it, the question of signature no longer remains.”
“It is now the need of the hour that the newly elected chief minister takes the oath and the province begins to function normally.”
The petitioner’s counsel argued that the governor has already expressed his intention “not to administer the oath.”
After hearing the arguments, the PHC reserved its verdict to be announced later. Meanwhile, the Jamiat Ulema-e-Islam (JUI-F) has also approached the PHC, challenging the election process of the CM-elect.
JUI-F MPA Lutfur Rehman, who was contesting for the CM post before the party’s boycott, filed a petition and maintained that the election process was “illegal and unconstitutional.”
He cited that the circumstances surrounding the election, particularly referencing the resignation of former CM Ali Amin Gandapur, which was not accepted by Faisal Karim Kundi.
The JUI-f MPA pleaded the court to declare the election process that led to Afridi’s appointment as CM null and void.
The legal proceedings were initiated by Pakistan Tehreek-e-Insaf (PTI) shortly after Sohail Afridi was elected KP CM a day earlier.
Afridi received 90 votes in the KP Assembly, with opposition parties boycotting the session. His rivals, including JUI-F’s Maulana Lutfur Rehman, PML-N’s Sardar Shahjehan Yousaf, and PPP’s Arbab Zarak Khan, secured no votes as their parties staged a walkout.
CM-elect Afridi replaces Ali Amin Gandapur, who resigned on October 8 under the directive of PTI founder Imran Khan. However, controversy ensued after KP Governor Kundi rejected Gandapur’s resignation, citing concerns over the authenticity of the signature. This has since cast a shadow over the legitimacy of the power transition.
Afridi, a relatively new figure in provincial politics who began his career in 2015 and was elected an MPA in the 2024 general elections, now faces significant political headwinds. His appointment has drawn criticism from the federal government, which has accused the PTI of harbouring sympathies towards extremist elements, allegations the party strongly denies.
