Peshawar High Court sought the statement from Khyber-Pakhtunkhwa Governor Faisal Karim Kundi about a petition filed by Pakistan Tehreek-In-Insaf seeking the immediate oath of the newly elected chief minister Sohail Afridi.
PTI filed the petition that called on the right 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 showed up for the bench and said to the court, “Sohail Afridi has been selected as CM, and even a minute’s delay in his ED tag is unjustified.”
He added that the governor was out of the province and therefore “oath must still be administered as the province cannot remain without a government for two days.”
During the hearing, Chief Justice asked Muhammad Attique Shah if Governor Kundi had accepted the resignation of the outgoing cm Ali Amin Gandapur.
Raja replied and said, “Gandapur presented 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.”
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He argued that when the assembly had already elected a new chief minister, the process should move forward. Chief Justice Shah noted that the court was considering the case “not only from a legal perspective but also with regard to administrative implications”.
Raja maintained: “The Constitution authorizes Chief Justice to nominate any person to administer oath if the governor refuses to do so.”
The court asked if the assembly speaker had sent the summary of oath to the governor, who Raja answered 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 and said he was out of the province and would verify the resignation personally when he returned on October 15.
Raja accused the governor of deliberately delaying the process and claiming he was aware that the new chief minister was planned for October 13.
Chief Justice Shah then sought additional Attorney General Sanaullah’s statement. Sanaullah said the constitution was clear, “If the governor refuses to administer oath, Article 255 comes into force.” However, he added that it was not yet confirmed whether the summary from the assembly had reached the governor’s office.
Chief Justice noted, “The Governor’s statement is important before the court can continue,” added that similar petitions had previously been filed that oath was filed that the reserved members.
Raja claimed that the oath of a chief minister and assembly members is clear, but Chief Justice noted, “an oath is an oath, whether by a minister of chief or a member of the assembly.”
He further emphasized that the province could not remain without a government and pointed out: “It has been over five hours since Afridi was elected.” Chief Justice agreed that if the governor refused or was absent, “The Constitution allows Chief Justice to nominate someone to manage oath.”
Sanaullah said, until the new minister of chief is taking oath, the previous one could continue to perform official tasks, a claim that Raja rejected and said, “Such a provision applies only in the event of a non-confidence movement.”
The end of the hearing instructed Chief Justice Shah the extra court lawyer to check with the Governor’s House if the summary was received. He said the court would resume the procedure after receiving the governor’s response on Tuesday.
Earlier, PTI -Leader Junaid Akbar journalists said outside the court that administration of oath to the new chief minister was “the constitutional responsibility of the governor.” He added that PTI legislators were united and claimed that members had been exposed to threats.
Summary sent to Governor’s House
The summary of the newly elected chief minister for the newly elected minister of chief has been sent to the Governor’s House, officials confirmed on Monday.
Under the Provincial Assembly Secretariat, the Review Governor requests Kundi to administer ED to the newly elected minister of chief.
The summary also includes details about the election results for the top ministerial candidates. The Assembly Secretariat sent the summary to the governor immediately after the announcement of the results.
Previously, Kundi objections raised and questioned how a new minister of chief could be elected while the resignation of the current Ali Amin Gandapur had not yet been approved.
“I’m not happy with Ali Amin Gandapur’s resignation,” Kundi said. “He should come to my office on Wednesday – I will serve him tea and the resignation will be approved. But until then the election of a new minister of chief will be considered constitutionally.”
The governor asked, “Who will issue the message of the new KP chief minister?” He said his office had received two copies of Gandapur’s resignation with a difference in signatures, adding that both versions could not be accepted.
Resistance to the Court of Appeal
Meanwhile, opposition leader Dr. The Ibadullah Assembly that the opposition would turn to the court against the election.
“We were under the impression that the resignation had been accepted, and that is why the candidates submitted their nomination papers. Today we found that the question of approval is still unresolved,” he said.
Dr. Ibadullah added, “When Gandapur’s resignation had not been approved, the choice was ‘constitutional’. Their lawyers say it’s fine, but we say it’s wrong. We thought the resignation was accepted, so we brought our candidates.”
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He approached the assembly and said, “I still consider Ali Amin Gandapur as KP chief minister in my hand clearly shows that Gandapur has withdrawn twice, and the governor has raised objections. According to the procedure when the resignation is approved, the cabinet is de-recognized.”
He added, “When a minister of chief is still in office, is the choice of another constitutional. We do not want to be part of this constitutional act.” After his remarks, the opposition went out of the assembly in protest.
Sohail Afridi chose new cm of kp
PTIS Sohail Afridi was elected to the new Chief Minister of KP and secured 90 votes in the provincial assembly during Monday’s session, which was held under tight security in Peshawar.
The KP assembly includes 145 members with 73 votes required for a simple majority. AFRIDI comfortably exceeded this field and consolidated the party’s control over the province.
PTI legislator Asif Mehsud could not participate in the voting process as he is currently abroad. The announcement of the results congratulated the members of the Assembly Afridi, with many embracing him for celebration on the assembly floor.
Afridi’s rivals for the position included Maulana Lutfur Rehman of Jamiat Urvila-e-Islam-Fazl, Sardar Shahjahan Yousaf from the Pakistani Muslim League-Nawaz and Arbab Zarak of Pakistan Peoples Party.
