PESHAWAR:
The election of Sohail Afridi as the new chief minister of Khyber-Pakhtunkhwa (KP) has plunged the province into a legal and political controversy, with opposition parties, legal experts and the governor’s office openly questioning the legitimacy of the process.
What began as a routine change of direction quickly turned into a test case for constitutional procedure – in particular, the interpretation of Article 130(8) of the Constitution, which governs the resignation of chief ministers – and the limits of the governor’s authority.
On Monday, Afridi, a Pakistan Tehreek-e-Insaf (PTI) loyalist and close political supporter of party founder Imran Khan, was elected chief minister amid tumult in the provincial assembly. The opposition, however, immediately denounced the election as “unconstitutional”.
Opposition members argued that the resignation of outgoing Chief Minister Ali Amin Gandapur had not been formally approved. KP Governor Faisal Karim Kundi echoed this concern, saying that until Gandapur’s resignation is verified and accepted, the election of a successor has “no legal value”.
Kundi told the media that he was not satisfied with the resignation submitted by Gandapur. “Ali Amin is expected to come see me on Wednesday. I will serve him tea and also approve the resignation,” he said.
“But until it is formally accepted, the election of a new chief minister will be considered unconstitutional.” He also questioned who would issue the notice to the newly elected chief minister while the matter remained pending.
The governor revealed that his office had received two copies of Gandapur’s resignation, adding that “the signatures on both are not identical – there is a distinct difference.” This discrepancy, he said, forced him to withhold approval and summon Gandapur for in-person verification.
The opposition, for its part, took up the issue and announced its intention to launch legal action. Leader of Opposition in KP Assembly Dr Ibadullah said his party would approach the court to challenge Afridi’s election. “Until yesterday we thought that the resignation had been accepted – that’s why the candidates filed a declaration of candidacy. But today we found out that the issue of resignation is not resolved at all,” he said.
Addressing the gathering, Dr Ibadullah said the election was unconstitutional as Gandapur technically remained in office. “I still believe that Ali Amin is the chief minister of this province. The Constitution in my hands clearly states that his resignation must first be approved,” he said.
As the political theater unfolded within the Assembly, the legal community became sharply divided outside. The People’s Lawyers Forum (PLF) has announced its intention to challenge Afridi’s election in the Peshawar High Court (PHC).
PLF president Gohar Rahman said the election was “unconstitutional and illegal” because “there cannot be two chief ministers at the same time”. He argued that required constitutional procedures were not followed and that the assembly session itself was convened under questionable circumstances.
Conversely, the PTI-aligned Insaf Lawyers Forum (ILF) dismissed the objections as baseless. ILF president Qazi Anwar Advocate said the governor had “no authority to summon Gandapur” for verification.
“The resignation became effective as soon as it was submitted. The governor’s interference has no constitutional basis,” he said, adding that he had the power of attorney signed by Sohail Afridi and the Assembly Speaker, confirming the legality of the electoral process.
Legal experts from across Pakistan are now weighing in, offering very different interpretations of Article 130(8). The article states that a chief minister may resign by writing under his hand to the governor and he shall continue in office until a successor is elected.
According to a BBC report, Pakistan’s former Attorney General Ashtar Ausaf argued that there was no need for the governor to “endorse” a resignation. “A resignation becomes effective as soon as it is signed and presented,” he said.
“There is no ambiguity here: Ali Amin Gandapur attended the assembly, declared his resignation and voted in the new elections. Those who cry confusion have not read the Constitution.”
Legal analyst Maha Raja Tareen echoed this interpretation, citing Supreme Court precedents confirming that once a written resignation is received and acknowledged, it takes effect immediately. “No further approval or notification is necessary – the office is vacant at this time,” she wrote on X.
However, other legal voices disagreed. Senior counsel Dr Khalid Ranjha argued that the governor reserves the right to personally verify a resignation in case there is any doubt over its authenticity.
“If the signatures do not match, the governor can summon the chief minister, just like a bank verifies the signature of a customer. Until verified, the resignation cannot be considered valid,” he said, adding that electing a new chief minister before such verification “violates the constitutional procedure”.
The PTI leadership, meanwhile, accused the governor of deliberately creating confusion to delay the transition. PTI KP President Junaid Akbar said it was the constitutional responsibility of the governor to administer oath to the newly elected chief minister.
“He is absent from the province, neglecting his duty. We are writing to the Chief Justice of the Peshawar High Court to appoint an official to preside over the oath-taking ceremony,” he told reporters outside the High Court.
Earlier, Governor Kundi had posted a letter addressed to Gandapur on his X account, rejecting his resignation on the grounds that “the signatures of the purported resignations sent on October 8 and 11 do not match.”
He summoned Gandapur to appear at the Governor’s House on October 15 to verify his signature. Gandapur responded on X: “Finally, the governor has received my two resignation letters. I confirm that they both bear my signatures.”
Separately, Afridi’s appointment to the province’s top post, reportedly backed by Imran Khan, drew sharp criticism from rival parties. The 35-year-old from Khyber district was elected from PK-71 with a wide margin. Afridi rose through the ranks of PTI’s student wing, the Insaf Student Federation, and later headed the Insaf youth wing. He vowed to continue “the lineage of Imran Khan”, as seen in a recent viral video of him.
(With contributions from News Desk)
