KP Governor Faisal Karim Kundi and newly elected KP CM Sohail Afridi. Photo: Express
PESHAWAR:
The Peshawar High Court (PHC) on Tuesday ended the political and constitutional standoff in Khyber-Pakhtunkhwa (KP), directing Governor Faisal Karim Kundi to administer oath to Chief Minister-elect Sohai Khan Afridi by 4 pm on Wednesday (today).
The PHC ruling, reserved earlier in the day and later issued in writing, said that if the governor did not do so, provincial assembly speaker Babar Saleem Swati would take the oath in his place.
The verdict came amid days of political wrangling following the resignation of former Prime Minister Ali Amin Gandapur and the election of Afridi as the new chief executive in a Monday session boycotted by opposition parties.
A primary health court headed by Chief Justice SM Atiq Shah ruled that delaying the oath-taking would create a constitutional vacuum. The court invoked Article 255(2) of the Constitution, which allows an alternate official to administer the oath when the designated authority is not available.
During the hearing, Additional Solicitor General Sanaullah informed the court that the governor was in Karachi and expected to return at 2:00 pm on Wednesday, adding that he had called former chief minister Gandapur at 3:00 pm to verify his resignation.
Advocate Amir Javed, counsel to the governor, argued that as per the constitutional procedure, the resignation of a prime minister must be accepted first before the next one can take office.
However, Chief Justice Shah noted that Gandapur had publicly announced his resignation in the provincial assembly and had even voted in favor of his successor. Earlier, he noted, President Swati released the election calendar and several candidates, including members of the opposition, had filed nomination papers ahead of the vote.
Advocate Salman Akram Raja, representing the petitioners, argued that the governor’s objections to the discrepancies in the signatures were irrelevant after Gandapur himself confirmed his resignation in the assembly. “Once he acknowledged it, the question of authenticity no longer exists.”
The PHC noted that under Article 130(5) the office of Prime Minister became vacant once the incumbent resigned and therefore the newly elected Prime Minister was required to take the oath immediately. He stated that the governor’s absence could not be used as an excuse to delay the process.
In its nine-page written verdict, the court said the order was necessary to uphold constitutional supremacy and prevent administrative paralysis in the province.
The political deadlock began after Gandapur resigned on October 8 on the orders of PTI founder Imran Khan. The governor refused to accept the resignation, citing discrepancies in the signatures, which the PTI termed as a delaying tactic.
Despite the deadlock, the PTI proceeded with the assembly session, during which Sohail Afridi secured 90 votes to become the new prime minister. Opposition parties boycotted the session and their candidates did not receive votes.
Governor Kundi, speaking from Karachi, told reporters that he had never refused to take oath and was willing to return to Peshawar. “I have asked Sindh chief minister for his plane,” he said, asserting that he would fulfill his constitutional duty.
After the verdict was announced, PTI supporters and lawyers, who had gathered in front of the court, chanted slogans in favor of their party and the judiciary. PTI leader Junaid Akbar said the ruling had restored his constitutional rights.
Describing the ruling as both a political and legal victory for the party, he said: “We trust in the judiciary, and today that trust is justified.” He urged opposition parties not to obstruct the democratic process.
On the occasion, former speaker of the National Assembly, Asad Qaiser, described the APS ruling as a triumph for the rule of law. “This is a bold and merit-based decision,” he told reporters, expressing confidence that Afridi would now focus on governance. “The province faces security and development challenges; political stability is essential to address them,” he added.
Meanwhile, the opposition Jamiat Ulema-e-Islam-Fazl (JUI-F) filed a separate petition in the PHC challenging Afridi’s election. Terming the elections unconstitutional, the petition argued that the assembly session and the elections were illegal because the governor had not yet accepted Gandapur’s resignation.
A two-member APS bench, comprising Justice Syed Arshad Ali and Justice Waqar Ahmad, heard the petition and adjourned the proceedings till Wednesday (today) due to the absence of the petitioner’s lawyer.
(WITH INPUT FROM THE APP)
