The opposition party in the Khyber Pakhtunkhwa Assembly, the Jamiat Ulema-e-Islam (JUI-F), has challenged the election of the Pakistan Tehreek-e-Insaf (PTI)-backed KP's newly-elected Chief Minister Sohail Afridi in the Peshawar High Court (PHC).
The petition was filed by JUI-F’s parliamentary leader in the KP Assembly, Lutfur Rehman, on Tuesday, reported 24NewsHD TV channel.
In the petition, the JUI-F contended that the resignation of the former Chief Minister Ali Amin Gandapur has not yet been formally accepted by the Governor, raising questions about the legality of electing a new chief minister under such circumstances.
The petition cited Article 130(8) of the Constitution of Pakistan, which stipulates that a new chief minister can only be elected once the resignation of the incumbent is officially approved.
The petition further stated that Governor Faisal Karim Kundi had directed Gandapur to appear before him on October 15 for verification of his resignation, and until that process is complete, the seat of the chief minister legally remains occupied.
Therefore, in the petition, the election of Sohail Afridi is claimed to be unconstitutional and invalid. The court has been requested to declare the election of the new chief minister null and void.
Meanwhile, the Peshawar High Court reserved its decision on the PTI’s application seeking the nomination of KP Assembly Speaker Babar Saleem Swati or any other person “considered appropriate” in place of the province’s governor to administer the oath to Chief Minister-elect Sohail Afridi.
Earlier, PTI’s Salman Akram Raja and the provincial AAG appeared before the court on Tuesday with regard to the PTI application.
During a high-profile hearing, the Chief Justice SM Atiq Shah pressed government representatives for clarity on whether the provincial governor had consented to preside over the swearing-in ceremony.
"Has the governor expressed willingness to administer the oath?" Chief Justice Shah asked during the proceedings. In response, Additional Attorney General Amir Javed stated, "Let the governor return. If he arrives by tomorrow, he will make the decision."
Javed further suggested that until the new chief minister assumes office, the previous one will continue to manage the affairs of the province. However, the Chief Justice remarked , "That would apply only if an election had not been held. But here, an election has already taken place, and candidates from other parties have submitted nomination papers for the chief minister’s office."
In a candid exchange, Amir Javed implied that the governor may approve the resignation and administer the oath once he returns. "The KP government has an aircraft, if it's urgent, send a plane and Governor’ll return by tonight," Javed said, noting that the governor typically travels via public flights.
At one point, Chief Justice addressed PTI's senior lawyer Salman Akram Raja, noting, "We heard you yesterday, but the governor’s stance was not presented. Today, his position is before us."
Salman Akram Raja argued that the Constitution of Pakistan does not explicitly require the acceptance of a chief minister’s resignation. "There is no such provision in our Constitution," Raja contended. "In the Indian Constitution, such a condition is mentioned, where under certain circumstances, formal approval of the resignation may be necessary."
It is noteworthy that the PTI managed to elect its candidate Sohail Afridi as the new chief minister in a hurried session held on Monday, October 13.
Despite opposition protests, the KP Assembly Speaker proceeded with the vote. Within 15 minutes of the opposition’s walkout, 90 PTI members voted in favour of Afridi, officially electing him as the Leader of the House.
Jubilant scenes were reported from the assembly floor after Afridi's election. He had been nominated by PTI founder and former prime minister Imran Khan to succeed Ali Amin Gandapur, who had submitted his two resignations—one on October 8 and another on October 11.
However, opposition members raised serious objections, arguing that since the governor had not yet accepted Gandapur's resignation, there was no legal ground for electing a new chief minister.
Leader of the Opposition Ibadullah strongly criticised the move, calling the election process unconstitutional and asserting that Gandapur remained the legitimate chief minister unless his resignation was formally accepted.
Despite protests and calls for delaying the vote, the speaker insisted on proceeding, warning opposition lawmakers of expulsion if they disrupted the session.
This led to a walkout by opposition parties in protest against what they described as a disregard for constitutional norms.
Reporter: Manzoor Hussain