The Peshawar High Court has sought the opinion of Khyber-Pakhtunkhwa Governor Faisal Karim Kundi on a petition filed by the Pakistan Tehreek-e-Insaf seeking immediate swearing-in of newly elected Chief Minister Sohail Afridi.
The PTI filed a petition urging the court to ensure that Afridi takes oath without delay, arguing that the province cannot remain without a functioning government.
PTI general secretary Salman Akram Raja appeared before the court and told the court, “Sohail Afridi has been elected CM, and even a minute’s delay in his swearing-in is uncalled for.
He added that the governor was out of the province and therefore “the oath must still be taken because the province cannot remain without a government for two days.”
During the hearing, Chief Justice Syed Muhammad Attique Shah asked whether Governor Kundi had accepted the resignation of outgoing CM Ali Amin Gandapur.
Raja responded by saying, “Gandapur tendered his resignation on October 11, but the governor did not approve it. However, the Constitution does not state that the governor’s approval is required.
Learn more: PTI’s Sohail Afridi elected new KP CM
He argued that since the assembly had already elected a new chief minister, the process should move forward. Chief Justice Shah noted that the court was examining the issue “not only from a legal point of view but also in terms of administrative implications”.
Raja argued: “The Constitution authorizes the Chief Justice to appoint any person to administer the oath if the governor refuses to do so. »
The court asked whether the assembly speaker had sent the summary of the oath-taking to the governor, to which Raja replied in the affirmative.
He told the court that Gandapur’s handwritten resignation was sent to the governor’s house on October 11, but the governor raised “strange objections” the next day, saying he was out of the province and would verify the resignation in person when he returned on October 15.
Raja accused the governor of deliberately delaying the process, saying he knew that the election of the new chief minister was scheduled for October 13.
Chief Justice Shah then sought the opinion of Additional Solicitor General Sanaullah. Sanaullah said the Constitution was clear: “If the governor refuses to administer the oath, Article 255 comes into force.” However, he added, it has not yet been confirmed whether the assembly summary had reached the governor’s office.
The chief justice remarked, “The opinion of the governor is essential before the court can proceed,” adding that similar petitions had already been filed regarding the swearing-in of members occupying a reserved seat.
Raja argued that the oath of a chief minister and that of assembly members are distinct, but the chief justice noted: “An oath is an oath, whether it is of a chief minister or an assembly member. »
He further stressed that the province cannot remain without a government, stressing, “It has been more than five hours since Afridi’s election.” The chief justice agreed that if the governor refused or was absent, “the Constitution authorizes the chief justice to appoint someone to administer the oath of office.”
Sanaullah said that until the new chief minister was sworn in, the previous one could continue to carry out his official duties, a claim that Raja rejected, saying: “Such a provision only applies in case of a no-confidence motion.” »
At the end of the hearing, Chief Justice Shah directed the Additional Attorney General to check with the Governor House whether the summary had been received. He said the court would resume proceedings after receiving the governor’s response on Tuesday.
Earlier, PTI leader Junaid Akbar told reporters outside the court that administering oath of office to the new chief minister was “the constitutional responsibility of the governor”. He added that PTI lawmakers were united and alleged that members were being bullied.
Summary sent to Governor’s House
The summary of the swearing-in of the newly elected KP Chief Minister has been sent to the Governor House, officials confirmed on Monday.
According to the provincial assembly secretariat, the summary asks Governor Kundi to administer oath to the newly elected chief minister.
The summary also includes details of the election results of the main ministerial candidates. The assembly secretariat sent the summary to the governor immediately after the results were announced.
Earlier, Kundi had raised objections, wondering how a new chief minister could be elected when the resignation of incumbent President Ali Amin Gandapur was yet to be approved.
“I am not satisfied with the resignation of Ali Amin Gandapur,” Kundi said. “He is expected to 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 chief minister will be considered unconstitutional.”
The governor asked, “Who will issue the notification of the new KP chief minister?” He said his office had received two copies of Gandapur’s resignation with different signatures, adding that both versions could not be accepted.
Opposition to go to court
Meanwhile, Opposition Leader Dr Ibadullah told the gathering that the opposition would approach the court to oppose the election.
“We were under the impression that the resignation was accepted, which is why the candidates filed their nomination papers. Today we discovered that the issue of approval is still unresolved,” he said.
Dr Ibadullah added: “As Gandapur’s resignation was not approved, the election was ‘unconstitutional’. Their lawyers say it is right, but we say it is wrong. We thought the resignation was accepted, so we put forward our candidates.”
Read also: Confusion surrounds KP CM election
Addressing the gathering, he said, “I still consider Ali Amin Gandapur as the chief minister of KP. The Constitution in my hand clearly shows that Gandapur resigned twice and the governor raised objections. According to the procedure, once the resignation is approved, the cabinet is de-notified.”
He added, “When a chief minister is still in office, the election of another is unconstitutional. We do not want to participate in this unconstitutional act.” Following his remarks, the opposition left the assembly in protest.
Sohail Afridi elected new CM of KP
PTI’s Sohail Afridi was elected as the new chief minister of KP, securing 90 votes in the provincial assembly during Monday’s session held under tight security in Peshawar.
The KP Assembly has 145 members, with 73 votes required for a simple majority. Afridi far exceeded this milestone, consolidating the party’s control over the province.
PTI lawmaker Asif Mehsud was unable to participate in the voting process as he is currently abroad. When the results were announced, assembly members congratulated Afridi, with many hugging him in celebration in the assembly hall.
Afridi’s rivals for the post included Maulana Lutfur Rehman of the Jamiat Ulema-e-Islam-Fazl, Sardar Shahjahan Yousaf of the Pakistan Muslim League-Nawaz and Arbab Zarak of the Pakistan People’s Party.
