The Peshawar High Court has ordered verification of the availability of Khyber Pakhtunkhwa Governor Faisal Karim Kundi regarding the swearing-in of the newly elected Khyber-Pakhtunkhwa (KP) Chief Minister.
The court issued a written order on a petition regarding the delay in administering the oath, directing the additional advocate general to ascertain the availability of the governor and inform the court before 1 p.m. today, so that the reasons for the delay can be clarified.
The written ruling said the petition was filed by the Speaker and members of the Provincial Assembly under Article 255 of the Constitution, requesting that if the Governor is unable to administer the oath, the responsibility be vested in the Speaker or other suitable person.
The petitioners argued that the delay in swearing-in of the Chief Minister was hampering the constitutional process and should be resolved immediately. The court required the parties to submit a full report on the governor’s availability and constitutional requirements.
Meanwhile, Jamiat Ulema-e-Islam (JUI) contested the election of new KP Chief Minister Sohail Afridi. The petition, filed in the Peshawar High Court by Lutfur Rehman, JUI parliamentary leader in the provincial assembly, through lawyer Yaseen Raza, claims that the resignation of former chief minister Ali Amin Gandapur has not yet been approved, raising questions about the legality of Afridi’s election.
The petition also said that the KP governor had summoned Gandapur on October 15 to verify his resignation.
Speaking to the media, Lutfur Rehman said the election of the new chief minister was illegal as the resignation of the previous chief minister was not formally approved. He added that the former chief minister could continue to function until a successor takes office. Lutfur Rehman said that although they submitted their documents at the request of the president, they boycotted the session and only realized that the resignation had not been approved when the governor’s letter arrived.
The two chief ministers
What began as a routine change in provincial leadership has turned into a test case for constitutional procedure, focusing on Article 130(8), which governs the resignation of a chief minister, and the limits of the governor’s authority.
On Monday, Afridi, a Pakistan Tehreek-e-Insaf (PTI) loyalist and close political ally of party founder Imran Khan, was elected chief minister amid tumult in the provincial assembly. The opposition immediately denounced the election as unconstitutional.
Read: The KP caught in a legal and political storm
Opposition members argued that Gandapur’s resignation had not been formally approved. KP Governor Faisal Karim Kundi expressed similar concerns, saying that until Gandapur’s resignation was verified and accepted, the election of a successor had no legal force.
Kundi told the media that he was not happy with Gandapur’s resignation, saying: “Ali Amin should come to me on Wednesday – I will serve him tea and also approve the resignation. 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 added that his office received two copies of Gandapur’s resignation, with different signatures, forcing him to withhold approval and summon Gandapur for in-person verification.
Legal challenges
The opposition has announced its intention to launch legal action. Dr Ibadullah, leader of the opposition in the KP Assembly, said his party would approach the court to challenge Afridi’s election. “Until yesterday we thought the resignation had been accepted – that’s why the candidates filed nomination papers. Today we found out that the resignation issue was not resolved at all,” he said.
Addressing the gathering, Dr Ibadullah declared the election unconstitutional, saying Gandapur technically remained in office: “I still believe that Ali Amin is the chief minister of this province. The Constitution clearly states that his resignation must first be approved.”
As the political drama unfolded in the Assembly, the legal community became sharply divided. The People’s Lawyers Forum (PLF) announced its intention to challenge Afridi’s election in the Peshawar High Court, arguing that “there cannot be two chief ministers at the same time” and that constitutional procedures had not been followed.
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, saying, “The resignation came into effect the moment it was submitted. The governor’s interference has no constitutional basis.” He added that he had a power of attorney signed by Sohail Afridi and the President, confirming the legality of the election.
Learn more: Afridi elected KP CM despite boycott
Constitutional debate
Legal experts in Pakistan are divided on Article 130(8). The article states that a chief minister may resign in writing to the governor and continue to hold office until a successor is elected.
Ashtar Ausaf, former attorney general of Pakistan, told the BBC that no approval from the governor is required: “A resignation becomes effective as soon as it is signed and submitted. There is no ambiguity here – Ali Amin Gandapur attended the assembly, declared his resignation and voted in the new elections. Those claiming confusion have not read the Constitution.”
Legal analyst Maha Raja Tareen echoed this view, citing Supreme Court precedents confirming that once a written resignation is received and acknowledged, it takes effect immediately.
However, senior counsel Dr Khalid Ranjha argued that the governor can personally verify a resignation if there are doubts about 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. Electing a new chief minister before such verification violates constitutional procedure,” he said.
