KP Governor Faisal Karim Kundi, newly elected KP cm Sohail Afridi Photo: Express
Peshawar:
Peshawar High Court (PHC) on Tuesday put an end to the political and constitutional standoff in Khyber-Pakhtunkhwa (KP), who instructed Governor Faisal Karim Kundi to administer the Oath of Office to Chief Minister-Eleect Sohai Khan Afridi at. 16 Wednesday (today).
The PHC decision, reserved earlier in the day and later issued in writing, said that if the governor did not, the provincial assembly speaker, Babar Saleem SWATI, would perform the ED roof instead.
The verdict came in the middle of days of political krangel after the resignation of former chief minister Ali Amin Gandapur and the election of Afridi as the new CEO of a session that on Monday was booted by opposition parties.
A PHC bench led by Chief Justice SM Atiq Shah decided that delaying the difficulty would create a constitutional vacuum. The Court of Court invoked Article 255 (2) of the Constitution. 2, which allows an alternative official to administer the oath when the appointed authority is not available.
During the consultation, further lawyer Sanaullah stated the court that the governor was in Karachi and expected to return at 1 p.m. 14 Wednesday and added that he had called the former chief minister Gandapur at. 15.00 to verify his resignation.
Attorney Amir Javed, the lawyer of the governor, maintained that a minister of chief under the constitutional procedure must first be accepted before the next one could take on the charge.
However, Chief Justice Shah noted that Gandapur had publicly announced his resignation on the province’s assembly floor and even cast his voice in favor of his successor. Earlier, he noted, the Swati Electoral Plan, and several candidates, including opposition members, had submitted nomination papers before the vote.
Attorney Salman Akram Raja, who represented the petries, argued that the governor’s objection to the signature’s disagreements were irrelevant after Gandapur himself confirmed his resignation in the assembly. “Once he has recognized it, the question of authenticity no longer remains.”
PHC noted that according to Article 130 (2). 5, the Minister of Chief was vacant when the present withdrew, and therefore the newly elected Minister of Chief must immediately take oaths. It stated that the governor’s absence could not be used as an excuse to delay the process.
In the written judgment of his nine-page, the court said the order was necessary to maintain constitutional supremacy and prevent administrative paralysis in the province.
Political stalemate began after Gandapur retired on October 8 in the direction of PTI founder Imran Khan. The governor refused to accept resignation with reference to disagreements in signatures that PTI called a delaying tactic.
Despite the model, PTI continued with the assembly session, with Sohail Afridi securing 90 votes to become the new chief minister. The opposition parties Boikotted the session and their candidates received no votes.
Governor Kundi, who spoke from Karachi, told journalists that he had never refused to manage oath and was prepared to return to Peshawar. “I have requested the Minister of Sindh for his plane,” he said, confirming that he would fulfill his constitutional duty.
Following the announcement of the verdict, the PTI supporters and lawyers who had gathered outside the court rolled slogans in favor of their party and the judiciary. PTI leader Junaid Akbar said the verdict had restored their constitutional rights.
He described the decision as both a political and legal victory for the party and said, “We trusted the judiciary, and today this trust has been justified.” He urged the opposition parties not to prevent the democratic process.
When he spoke on the occasion, the former National Assembly Chairman Asad Qaiser called PHC decision on a triumph for the rule of law. “This is a credit -based and bold decision,” he told journalists, expressing confidence that Afridi would now focus on governance. “The province faces security and development challenges – political stability is important for tackling them,” he added.
Meanwhile, the opposition Jamiat disadvantaged disadvantage-e-Islam-Fazl (Jui-F) a separate petition in PHC that challenged the choice of Afridi. The petition, which called the election constitutionally, claimed that the assembly session and the election were illegal because the governor had not yet accepted Gandapurs resigning.
A two-member PHC bench consisting of justice Syed Arshad Ali and Justice Waqar Ahmad heard the petition and exposed the procedure until Wednesday (today) because of the absence of the petitioner’s lawyer.
(With input from app)
