Peshawar (Web Desk): The Peshawar High Court (PHC) on Tuesday directed Khyber Pakhtunkhwa (KP) Governor Faisal Karim Kundi to administer oath to Chief Minister-elect Sohail Khan Afridi at 4 pm. on Wednesday.
Announcing its reserved judgment, a PHC bench headed by Chief Justice SM Attique Shah ruled that if the governor fails to carry out the ceremony, KP Assembly Speaker Babar Saleem Swati will be authorised to administer the oath.
The court’s ruling coincided with an appeal made in Karachi by PPP Chairman Bilawal Bhutto-Zardari, who urged Governor Kundi, a fellow party member, to proceed to Peshawar, honour his constitutional responsibilities, and act in accordance with the judiciary’s directives.
The decision came in response to a petition filed by several members of the provincial assembly, including Speaker Swati, under Article 255 of the Constitution.
The petitioners had sought judicial intervention to ensure the prompt swearing-in of the newly elected provincial chief executive and requested the nomination of an alternative authority to administer the oath should the governor be absent or unwilling.
Speaking to the media from Karachi, Governor Kundi denied ever refusing to conduct the oath-taking and confirmed his plans to return to KP, stating, “I have requested the Sindh Chief Minister to provide his aircraft. My written response has already been submitted to the court.” He reiterated his commitment to the Constitution and pledged to fulfil his duties as the provincial head.
The dispute arose after former Chief Minister Ali Amin Gandapur tendered his resignation on October 8, acting on the instructions of imprisoned PTI founder Imran Khan, paving the way for Afridi’s nomination.
Afridi, who entered provincial politics in 2015 and secured a seat in the 2024 general elections, now assumes leadership amid political turbulence.
His elevation has drawn criticism from the federal government, which accuses PTI of tolerating extremist sympathies — a charge vehemently denied by the party.
Afridi was elected chief minister on Monday with 90 votes, as opposition lawmakers boycotted the session. Candidates from JUI-F, PML-N, and PPP — Maulana Lutfur Rehman, Sardar Shahjehan Yousaf, and Arbab Zarak Khan respectively — received no votes after their parties staged a walkout.
The transition became contentious when Governor Kundi declined to accept Gandapur’s resignation, citing “discrepancies in signatures” and raising questions about the legitimacy of the succession. PTI, however, maintained that a chief minister’s resignation does not require gubernatorial assent and proceeded with Afridi’s election accordingly.
Anticipating administrative obstruction, PTI petitioned the PHC to authorise Speaker Swati or another competent official to conduct the oath ceremony if the governor failed to appear.
During the hearing, the additional attorney general informed the court that Governor Kundi was on an official visit outside the province and expected to return by 2pm. the following day.
Chief Justice Shah inquired about the governor’s position on the matter, to which the additional attorney general replied that the governor had summoned Gandapur to discuss the acceptance of his resignation.
“Has the governor consented to administer the oath?” the chief justice asked pointedly. The law officer responded that the issue would be decided after the governor’s return.
Advocate Amir Javed, representing the governor, argued that until a new chief minister formally assumed office, the outgoing one would continue to exercise executive authority.
The bench, however, noted that such continuity applies only when no election has been held, adding that in this case, the election had already concluded and nomination papers had been duly filed by multiple political parties.
Counsel for the petitioners, Salman Akram Raja, contended that Gandapur had publicly acknowledged his resignation on the assembly floor and even cast the first vote for Afridi.
He argued that once Gandapur admitted stepping down, any dispute regarding his signature became immaterial. “It is imperative for the new chief minister to take oath without further delay so that the province’s governance may resume normalcy,” Raja maintained.
He further submitted that the governor had indicated his unwillingness to conduct the oath, necessitating judicial direction. After hearing all parties, the PHC reserved its decision, which was later announced in favour of the petitioners.
Meanwhile, the Jamiat Ulema-e-Islam (JUI-F) also filed a separate petition before the PHC, challenging the validity of the chief minister’s election.
The petition was lodged by JUI-F lawmaker Lutfur Rehman, who had been a candidate for the CM position prior to his party’s boycott.
In his plea, Rehman termed the election “illegal and unconstitutional,” arguing that the process was conducted amid irregular circumstances—particularly pointing to the resignation of former Chief Minister Ali Amin Gandapur, which Governor Kundi had not formally accepted.
The petitioner urged the court to declare the election that resulted in Sohail Afridi’s appointment as chief minister null and void.