KP Governor Faisal Karim Kundi and new KP Minister Sohail Afridi. Photo: Express
PESHAWAR:
The Peshawar High Court (PHC) on Tuesday ended the political and constitutional impasse in Khyber-Pakhtunkhwa (KP), by ordering Governor Faisal Karim Kundi to administer oath of office to Chief Minister-elect Sohai Khan Afridi by 4 pm on Wednesday (today).
The PHC decision, reserved earlier in the day and later issued in writing, said if the governor failed to do so, provincial assembly speaker Babar Saleem Swati would take oath in his place.
The verdict came amid days of political wrangling following the resignation of former chief minister Ali Amin Gandapur and the election of Afridi as the new chief executive in a session on Monday boycotted by opposition parties.
A PHC bench headed by Chief Justice SM Atiq Shah ruled that delaying the swearing-in would create a constitutional vacuum. The court invoked Article 255(2) of the Constitution, which allows another public servant to administer the oath when the designated authority is not available.
During the hearing, Additional Solicitor General Sanaullah informed the court that the governor was in Karachi and expected to return at 2 p.m. on Wednesday, adding that he had called the former chief minister Gandapur at 3 p.m. to check his resignation.
Advocate Amir Javed, the governor’s lawyer, argued that under constitutional procedure, the resignation of a chief minister must be accepted first before the next one can take office.
Chief Justice Shah, however, observed that Gandapur had publicly announced his resignation in the provincial assembly and even voted in favor of his successor. Earlier, he noted, President Swati released the election schedule and several candidates, including opposition members, had submitted their nomination papers before the vote.
Advocate Salman Akram Raja, appearing for the petitioners, argued that the governor’s objections to signature discrepancies were irrelevant after Gandapur himself confirmed his resignation in the assembly. “Once he admits it, the question of authenticity no longer arises.”
The PHC observed that as per Article 130(5), the post of Chief Minister remained vacant once the incumbent resigned and hence the newly elected Chief Minister had to take oath immediately. He said the absence of the governor could not be used as an excuse to delay the process.
In its nine-page written verdict, the court said the order was necessary to maintain constitutional supremacy and prevent administrative paralysis in the province.
The political impasse began after Gandapur resigned on October 8 under the leadership of PTI founder Imran Khan. The governor refused to accept the resignation, citing discrepancies in the signatures, which the PTI called a delaying tactic.
Despite the impasse, the PTI proceeded with the assembly session, in which Sohail Afridi secured 90 votes to become the new chief minister. Opposition parties boycotted the session and their candidates received no votes.
Governor Kundi, speaking from Karachi, told reporters that he had never refused to take the oath and was ready to return to Peshawar. “I have requested his plane from the Sindh chief minister,” he said, asserting that he would fulfill his constitutional duty.
After the verdict was announced, PTI supporters and lawyers gathered outside the court and chanted slogans in favor of their party and the judiciary. PTI leader Junaid Akbar said the judgment had restored their constitutional rights.
Describing the decision as both a political and legal victory for the party, he said: “We trusted the judiciary, and today that trust is justified. » He urged opposition parties not to obstruct the democratic process.
Speaking on the occasion, former National Assembly Speaker Asad Qaiser termed the PHC decision as a triumph for the rule of law. “This is a bold and merit-based decision,” he told reporters, expressing confidence that Afridi would now focus on governance. “The province faces security and development challenges; political stability is essential to overcome them,” he added.
Meanwhile, the opposition party Jamiat Ulema-e-Islam-Fazl (JUI-F) filed a separate petition with the PHC challenging Afridi’s election. Terming the election as unconstitutional, the petition claimed that the assembly session and elections were illegal because the governor was yet to accept Gandapur’s resignation.
A two-member bench of the PHC, comprising Justice Syed Arshad Ali and Justice Waqar Ahmad, heard the petition and adjourned the proceedings till Wednesday (today) due to the absence of the petitioner’s counsel.
(WITH INPUT FROM THE APPLICATION)
