The Pakistan Tehreek-e-Insaf (PTI) is in a hurry to elect a new Chief Minister in Khyber Pakhtunkhwa without even waiting for the formal acceptance and notification of resignation of Ali Amin Gandapur.
Such a move could trigger a constitutional crisis and block the elections themselves. The PTI majority, however, wants the KP parliamentary party to proceed with the election of Sohail Afridi as the new prime minister after Gandapur’s resignation. Most leaders appear eager to complete the transition quickly, but several top lawyers believe such haste could backfire legally.
In his opinion, the position of prime minister only becomes vacant when the resignation is accepted by the governor. Without such acceptance and in the absence of official notification, the position cannot be legally declared vacant and therefore the election of a new prime minister would lead to legal battles.
“The cabinet is dissolved only after the resignation of the prime minister is accepted. Until then, Ali Amin Gandapur remains the constitutional holder of the office,” said a senior legal expert.
Even within the PTI it was discussed that in the past resignations of PTI MPs were not easily accepted, forcing the party to seek judicial intervention. They warned that ignoring the codified formalities this time would not only lead to legal challenges but could also delay or completely block the election of Sohail Afridi as CM.
“It seems that someone within the PTI is playing to block the election of the new prime minister,” commented a senior PTI leader, hinting at possible internal maneuvers.
Party sources confirmed that the PTI intends to hold the elections “as soon as possible”, although the Governor’s House has not yet accepted Gandapur’s resignation.
Legal experts maintain that a procedure without this crucial step would render the entire process legally flawed. “Any election held in such circumstances will be invalid before the law,” it is feared even within the party.
With divisions deepening within the PTI and legal ambiguity growing, the hasty move to replace Gandapur risks pushing Khyber Pakhtunkhwa into another phase of political and constitutional uncertainty.
Originally published in The News
