Interim K-P cabinet dissolved after CM Azam’s demise

PESHAWAR:

Khyber-Pakhtunkhwa on Saturday plunged into a constitutional crisis after the death of caretaker K-P Chief Minister Muhammad Azam Khan.

Following the chief minister’s demise, the provincial cabinet stood dissolved – triggering a series of unprecedented constitutional steps with fears that it could crack open a new Pandora’s box.

The governance of the province has been temporarily handed over to the governor, who will wield executive powers until the appointment of a new caretaker chief minister and the formation of a cabinet.

However, the process of appointing a new caretaker chief minister has raised legal complexities as it is the first instance of such a case.

Legal experts find themselves in a state of uncertainty regarding the unprecedented scenario of the re-appointment of a caretaker chief minister.

According to sources within the Election Commission of Pakistan (ECP), the responsibility of appointing the new caretaker chief minister will fall on either the former chief minister or the opposition leader.

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The urgency to make this appointment stems from the constitutional significance of the position as the head of the province.

In the event of a disagreement, the matter will be escalated to the ECP for resolution.

Former advocate general Shumail Ahmad Butt explained that Article 224A of the Constitution dictated the joint appointment of the caretaker chief minister by the CM and the opposition leader.

He elaborated that the Leader of the House and the Leader of the Opposition must reach an agreement within three days. In case of a deadlock in the decision-making process, the matter will then be referred to a committee or directly to the ECP.

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However, Butt highlighted a constitutional nuance, saying that the Constitution provided a procedure for appointing only one caretaker chief minister and not successive appointments.

On the other hand, some experts are wondering whether they will have to resort to former chief minister Mahmood Khan and opposition leader Karam Durrani to stand in the race again.

The 89-year-old retired bureaucrat had passed away earlier on Saturday morning.

He was admitted to the intensive care unit (ICU) of the Rehman Medical Institute (RMI) in Peshawar on Friday night, reportedly over complaints of chest pain. He was a heart patient and was brought to the hospital in a critical condition, it was revealed.

Azam Khan served as the caretaker chief minister of the province for nine-and-a-half months.

‘No crisis’

Addressing the issue of the interim chief minister, caretaker Federal Minister for Information and Broadcasting Murtaza Solangi clarified that the procedure given in the Constitution will be followed.

In a post on the social media networking site ‘X’, he stressed that the “spirit of the Constitution is crystal clear” on the matter of the appointment.

The governor, chief secretary, and the entire provincial government will perform their duties under the Constitution, Solangi added.

“There is no crisis and the new K-P chief minister will be appointed soon,” he maintained, ruling out room for any kind of speculation.

Ministers reluctant to relinquish slots

In the wake of the passing of the caretaker chief minister, the provincial cabinet faced another complex legal situation, leading to a formal announcement of its dissolution by Governor Ghulam Ali.

Following Azam Khan's demise and the subsequent dissolution of the provincial cabinet, certain cabinet members asserted their continued status as ministers.

Some cabinet members persisted in their claim, contending that as they had neither been removed nor had they resigned, they retained their positions, and also conveyed their concerns to Governor Ghulam Ali.

To address this dispute, the K-P governor, in consultation with legal experts, formally announced the dissolution of the cabinet.

Sources said that the advocate general and the legal team clarified that with the departure of the chief minister, the caretaker cabinet had automatically dissolved.

New Pandora’s box?

Meanwhile, observers say that in what could potentially open a new Pandora's box, the process of appointing a new caretaker chief minister is veering towards uncertainty as it is anticipated to involve former chief minister Mahmood and opposition leader Akram Durrani.

Earlier this year, Mahmood Khan, in his capacity as the former chief minister of the Pakistan Tehreek-e-Insaf (PTI), engaged in consultations with opposition leader Karam Durrani regarding the appointment of a caretaker chief minister.

Former chief minister Pervez Khattak, then leader of the PTI, also played a mediating role in fostering dialogue between the two parties.

However, the political landscape has since evolved, with both Parvez Khattak and Mahmood Khan now leading the PTI Parliamentarians, a splinter group mainly comprising defectors from the PTI.

This shift has raised concerns among observers, who fear potential objections from the PTI if Mahmood Khan, as a former chief minister, is tasked with representing the previous PTI government.

The anticipated objection could complicate the appointment process, leading observers to speculate that the matter may ultimately be escalated to the ECP for resolution.