K-P Assembly speaker convenes session to elect new leader of the house on October 13

Legal expert Moiz Jaferii explains assembly has authority to elect new CM immediately after sitting CM resigns

Photo: pakp.gov.pk

The Khyber-Pakhtunkhwa Assembly has been summoned to meet on October 13 at 10 a.m. to elect a new chief minister following the resignation of Ali Amin Gandapur who stepped down on the instructions of Pakistan Tehreek-e-Insaf founder Imran Khan.

According to an official notification, issued by the Assembly Secretariat, the speaker exercised his powers under Rule 31(b) of the Provincial Assembly of Khyber-Pakhtunkhwa (K-P) Procedure and Conduct of Business Rules, 2025 to convene the session.

The sitting, which was earlier scheduled for October 20 at 2 p.m., has been brought forward by one week. “Mr Speaker, while exercising the powers conferred upon him under paragraph (b) of Rule 31, has called the sitting of the Assembly on Monday, October 13, 2025, at 10:00 a.m., which was earlier called for Monday, October 20, 2025, at 2:00 p.m.,” the notification read.

Earlier, PTI Secretary General Salman Akram Raja also announced that the K-P Assembly will be convened on Monday to elect the new Leader of the House, following the resignation of Ali Amin Gandapur.

Addressing a press conference at the K-P Assembly’s Jirga Hall alongside the provincial law minister, Raja said that the schedule for the session will be issued by the Speaker of the Assembly. He clarified that the chief minister does not function under the authority of the governor, and therefore, the governor’s approval is not required for the chief minister’s resignation.

Raja noted that Governor Faisal Karim Kundi had received Gandapur’s resignation, adding that the governor himself acknowledged its receipt in a post on X. The Governor House has also issued an official acknowledgment, he said.

Citing Article 130(8) of the Constitution, Raja explained that a chief minister’s resignation takes effect immediately after submission. “There is no requirement for approval or notification, as Article 130(8) makes no mention of such a process. Once a constitutional officeholder resigns, it is deemed accepted,” he said.

He reiterated that the chief minister is not a subordinate officer of the governor, and therefore, the governor’s consent is irrelevant in this matter.

Legal experts weigh in

The simultaneous announcement of the new chief minister’s election and the governor’s statement about reviewing Gandapur’s resignation ‘as per law’ has raised questions about whether a new chief minister can be elected before the governor’s formal approval, and who is constitutionally empowered to convene the assembly session.

When approached for comment, senior lawyer and constitutional expert Abdul Moiz Jaferii explained that the assembly has full authority to elect a new chief minister immediately after the sitting chief minister resigns.

“Once the CM submits his resignation, the house can elect another CM. The governor cannot make him wait for acceptance of his resignation,” Jaferii explained.

He added that until a new chief minister is elected, the outgoing CM may continue to discharge his duties, including calling the assembly session.

Who will be the new Leader of the House?

Discussing the upcoming leadership transition, Raja said that the assembly session on Monday will elect a new chief minister, with the schedule formally announced by the speaker. “Sohail Afridi is a determined and energetic young leader who will move the province forward with a new spirit,” Raja remarked.

Reiterating the PTI’s stance on security, he added: “We have no sympathy for terrorists. Our only prayer is for an end to bloodshed and violence in this province.”

Raja further stated that Sohail Afridi, PTI’s nominee for chief ministership, will form a new provincial cabinet in line with the guidance of PTI founder Imran Khan. “The cabinet will include both continuity and new faces to ensure effective governance,” he concluded.

PTI leadership springs into action to muster support for election of K-P CM

In a significant political development, PTI has reached out to Jamiat Ulema-e-Islam (JUI) for support in the upcoming election of the Chief Minister of Khyber-Pakhtunkhwa. A PTI delegation visited the JUI central office to discuss cooperation and seek backing for PTI’s nominated candidate Sohail Afridi.

The PTI delegation included Provincial President Junaid Akbar, Irfan Saleem, and other senior leaders. They were warmly received by JUI Provincial General Secretary Senator Maulana Atta-ul-Haq Darvesh, Maulana Jaleel Jan, and other JUI representatives.

During the meeting, PTI formally requested JUI’s support for Sohail Afridi in the provincial assembly’s upcoming session scheduled for Monday, where the election of the chief minister will take place. 

Speaking to the media in Peshawar, JUI leader Maulana Atta-ur-Rehman welcomed the PTI leaders and appreciated their gesture of dialogue. PTI’s Junaid Akbar stated that the party had come ‘to unite the province’ and hoped JUI would support their candidate in the spirit of cooperation.

“We are not just seeking votes—we want to form a joint government that can deliver to the people,” he emphasized.

He further revealed that PTI had also established contact with the Awami National Party (ANP) and Pakistan People’s Party (PPP) as part of broader efforts to build consensus on future governance. “We will also visit Bacha Khan Markaz,” Akbar confirmed, referring to the ANP’s headquarters.

However, Akbar expressed concern over attempts to sway PTI members: “Our MPAs have been approached and offered incentives to break away, but we will protect our votes,” he asserted.

“If efforts are made to dismantle our majority in Khyber-Pakhtunkhwa or to take the government from us, then we will make it difficult for the federal government to function,” he warned.

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