The Peshawar High Court sought the opinion of Khyber-Pakhtunkhwa Governor Faisal Karim Kundi on a petition filed by Pakistan Tehreek-e-Insaf seeking immediate oath-taking of newly elected Chief Minister Sohail Afridi.
The PTI filed the petition urging the court to ensure that Afridi is sworn in without delay, arguing that the province cannot be left without a functioning government.
PTI general secretary Salman Akram Raja appeared before the court and told the court, “Sohail Afridi has been elected CM, and even a one-minute delay in his oath-taking is unjustified.”
He added that the governor was out of the province, so “the oath must still be taken since the province cannot remain without a government for two days.”
During the hearing, Chief Justice Syed Muhammad Attique Shah asked whether Governor Kundi had accepted the resignation of outgoing CM Ali Amin Gandapur.
Raja responded by saying, “Gandapur tendered his resignation on October 11, but the governor did not approve it. However, the Constitution does not mention that the governor’s approval is mandatory.”
Read more: PTI’s Sohail Afridi elected new KP CM
He argued that since the assembly had already elected a new prime minister, the process should move forward. Chief Justice Shah noted that the court was considering the matter “not only from a legal perspective but also in terms of administrative implications.”
Raja maintained: “The Constitution empowers the Chief Justice to appoint any person to take oath if the Governor refuses to do so.”
The court asked whether the assembly speaker had sent the summary for oath-taking to the governor, to which Raja replied in the affirmative.
He told the court that Gandapur’s handwritten resignation had been sent to the Governor’s House on October 11, but the governor raised “strange objections” the next day, saying he was out of the province and would verify the resignation in person upon his return on October 15.
Raja accused the governor of deliberately delaying the process, stating that he knew that the election of the new prime minister was scheduled for October 13.
Chief Justice Shah then sought the opinion of Additional Solicitor General Sanaullah. Sanaullah said the Constitution was clear: “If the governor refuses to take the oath, Article 255 comes into force.” However, he added, it is not yet confirmed whether the summary of the assembly reached the governor’s office.
The chief justice commented, “The opinion of the governor is essential before the court can proceed,” adding that similar petitions regarding the oath-taking of members with reserved seats had been filed earlier.
Raja argued that the oath of a prime minister and that of members of the assembly are different, but the chief justice noted: “An oath is an oath, whether of a prime minister or a member of the assembly.”
Furthermore, he stressed that the province could not be left without a government and noted: “More than five hours have passed since Afridi was elected.” The chief justice agreed that if the governor refused or was absent, “the Constitution allows the chief justice to appoint someone to take the oath.”
Sanaullah said that until the new prime minister is sworn in, the old one could continue to perform official duties, a claim Raja rejected, saying: “Such a provision applies only in cases of a no-confidence motion.”
At the conclusion of the hearing, Chief Justice Shah directed the Additional Solicitor General to verify with the Governor’s House whether the summary had been received. He said the court would resume the proceedings after receiving the governor’s response on Tuesday.
Earlier, PTI leader Junaid Akbar told reporters outside the court that swearing in the new prime minister was the “constitutional responsibility of the governor”. He added that PTI legislators were united and alleged that members had been subjected to intimidation.
Summary sent to the Governor’s House
The summary of the swearing-in of the new KP chief minister has been sent to the Governor’s House, officials confirmed on Monday.
According to the provincial assembly secretariat, the summary requests Governor Kundi to administer oath to the newly elected chief minister.
The summary also includes details of the election results of the prime ministerial candidates. The assembly secretariat sent the summary to the governor immediately after the results were announced.
Earlier, Kundi raised objections, questioning how a new prime minister could be elected while incumbent Ali Amin Gandapur’s resignation was yet to be approved.
“I am not satisfied with the resignation of Ali Amin Gandapur,” Kundi said. “You should come to my office on Wednesday, I will serve you tea and your resignation will be approved. But until then, the election of a new prime minister will be considered unconstitutional.”
The governor asked: “Who will issue the notification of the new KP chief minister?” He said his office had received two copies of Gandapur’s resignation with differences in signatures, adding that both versions could not be accepted.
Opposition to going to court
Meanwhile, opposition leader Dr Ibadullah told the assembly that the opposition would go to court against the elections.
“We were under the impression that the resignation had been accepted, so the candidates submitted their nomination papers. Today we learned that the issue of approval is still not resolved,” he said.
Dr Ibadullah added: “Since Gandapur’s resignation had not been approved, the election was ‘unconstitutional’. His lawyers say it is right, but we say it is wrong. We believed the resignation was accepted, so we brought our candidates.”
Also read: Confusion surrounds KP CM election
Addressing the assembly, he stated, “I continue to consider Ali Amin Gandapur as the chief minister of KP. The Constitution in my hand clearly shows that Gandapur has resigned twice and the governor has raised objections. As per procedure, once the resignation is approved, the notification to the cabinet is withdrawn.”
He added: “When one prime minister is still in office, the election of another is unconstitutional. We do not want to be part of this unconstitutional act.” After his statements, the opposition left the assembly in protest.
Sohail Afridi elected new CM of KP
PTI’s Sohail Afridi was elected the new Chief Minister of KP, securing 90 votes in the provincial assembly during Monday’s session held under tight security in Peshawar.
The KP Assembly is made up of 145 members, and 73 votes are required to obtain a simple majority. Afridi comfortably surpassed that mark, consolidating the party’s control over the province.
PTI legislator Asif Mehsud could not participate in the voting process as he is currently abroad. After the results were announced, the assembly members congratulated Afridi and many hugged him to celebrate him in the assembly.
Afridi’s rivals for the position included Maulana Lutfur Rehman of Jamiat Ulema-e-Islam-Fazl, Sardar Shahjahan Yousaf of the Pakistan Muslim League-Nawaz and Arbab Zarak of the Pakistan People’s Party.
