K-P power vacuum deepens as PHC seeks governor's opinion on CM's oath

The Peshawar High Court sought the opinion of Khyber-Pakhtunkhwa Governor Faisal Karim Kundi on a petition filed by the Pakistan Tehreek-e-Insaf seeking the immediate oath-taking of newly-elected Chief Minister Sohail Afridi.

PTI filed the petition urging the court to ensure that Afridi is sworn in without delay, arguing that the province cannot be left without a functioning government.

PTI Secretary General Salman Akram Raja appeared before the bench and told the court, “Sohail Afridi has been elected as the CM, and even a minute’s delay in his oath-taking is unjustified.”

He added that the governor was out of the province, and therefore, “the oath must still be administered as the province cannot remain without a government for two days.”

During the hearing, Chief Justice Syed Muhammad Attique Shah asked whether Governor Kundi had accepted the resignation of outgoing CM Ali Amin Gandapur.

Raja responded saying, "Gandapur submitted his resignation on October 11, but the governor did not approve it. However, the Constitution does not mention that governor's approval is mandatory.”

Read More: PTI's Sohail Afridi elected new K-P CM

He argued that since the assembly had already elected a new chief minister, the process should move forward. Chief Justice Shah noted that the court was considering the matter "not only from a legal perspective but also in terms of administrative implications".

Raja maintained: “The Constitution empowers the chief justice to nominate any person to administer the oath if the governor refuses to do so.”

The court enquired whether the assembly speaker had sent the summary for oath-taking to the governor, to which Raja replied in the affirmative.

He told the court that Gandapur’s handwritten resignation had been sent to the Governor’s House on October 11, but the governor raised 'strange objections' the next day, saying he was out of the province and would verify the resignation in person upon returning on October 15.

Raja accused the governor of deliberately delaying the process, claiming he was aware that the new chief minister’s election was scheduled for October 13.

Chief Justice Shah then sought Additional Attorney General Sanaullah's opinion. Sanaullah said the Constitution was clear, "If the governor refuses to administer the oath, Article 255 comes into effect." However, he added, it was not yet confirmed whether the summary from the assembly had reached the governor’s office.

The chief justice remarked, “Governor’s opinion is essential before the court can proceed,” adding that similar petitions had previously been filed regarding oath-taking of reserved-seat members.

Raja argued that the oath of a chief minister and that of assembly members are distinct, but the chief justice noted, “An oath is an oath, whether it is of a chief minister or a member of the assembly.”

He further stressed that the province could not remain without a government, pointing out, “It has been over five hours since Afridi was elected.” The chief justice agreed that if the governor refused or was absent, “the Constitution allows the chief justice to nominate someone to administer the oath.”

Sanaullah said until the new chief minister takes oath, the previous one could continue performing official duties, a claim Raja rejected, saying, “Such a provision applies only in cases of a no-confidence motion.”

Concluding the hearing, Chief Justice Shah directed the Additional Attorney General to check with the Governor’s House whether the summary had been received. He said the court would resume proceedings after receiving the governor’s response on Tuesday.

Earlier, PTI leader Junaid Akbar told reporters outside the court that administering the oath to the new chief minister was “the governor’s constitutional responsibility.” He added that PTI lawmakers were united and alleged that members had been subjected to intimidation.

Legal experts weigh in

Speaking on the matter, senior lawyer and constitutional expert Abdul Moiz Jaferii, while talking to The Express Tribune, said that the governor is “trying by any means necessary to delay the straightforward process of a change of chief minister.”

“He is doing so because the unelected few continue to wish to determine what is best for the many,” he added.

“The straws being clutched at to make this seem like a legal issue are flimsy, and the entire episode serves only to further expose the farce that has been at play since the February 2024 elections,” he said.

Moiz said, “We have a country where every position of power is hell-bent on subverting the will of the people. The excuses used to deny an election on time included the constitutional need for a census — which had been deliberately delayed.”

He further stated that “they now include the desire for a governor to play detective over a resignation publicly rendered and affirmed — just so some time can be bought for engineering.”

Summary sent to Governor’s House

The summary for the oath-taking of the newly-elected chief minister of K-P has been sent to the Governor’s House, officials confirmed on Monday.

According to the provincial assembly secretariat, the summary requests Governor Kundi to administer the oath to the newly-elected chief minister.

The summary also includes details of the election results of the chief ministerial candidates. The assembly secretariat dispatched the summary to the governor immediately after announcement of the results.

Earlier, Kundi raised objections, questioning how a new chief minister could be elected while the resignation of incumbent Ali Amin Gandapur had not yet been approved.

“I am not satisfied with Ali Amin Gandapur’s resignation,” Kundi said. “He should come to my office on Wednesday — I will serve him tea, and the resignation will be approved. But until then, the election of a new chief minister will be considered unconstitutional.”

The governor questioned, “Who will issue the notification of the new K-P chief minister?” He said his office had received two copies of Gandapur’s resignation with difference in signatures, adding that both versions could not be accepted.

Opposition to approach court

Meanwhile, opposition leader Dr Ibadullah told the assembly that the opposition would approach the court against the election.

“We were under the impression that the resignation had been accepted, which is why the candidates submitted their nomination papers. Today we found out that the matter of approval is still unresolved,” he said.

Dr Ibadullah added, "Since Gandapur’s resignation had not been approved, the election was 'unconstitutional'. Their lawyers say it’s fine, but we say it’s wrong. We believed the resignation was accepted, so we brought our candidates.”

Also Read: Confusion surrounds K-P CM's election

Addressing the assembly, he stated, “I still consider Ali Amin Gandapur to be the chief minister of K-P. The Constitution in my hand clearly shows that Gandapur has resigned twice, and the governor has raised objections. According to the procedure, once the resignation is approved, the cabinet is de-notified.”

He added, “When one chief minister is still in office, the election of another is unconstitutional. We do not want to be part of this unconstitutional act.” Following his remarks, the opposition walked out of the assembly in protest.

Sohail Afridi elected new CM of K-P

PTI's Sohail Afridi was elected the new Chief Minister of K-P, securing 90 votes in the provincial assembly during Monday’s session held under tight security in Peshawar.

The K-P Assembly comprises 145 members, with 73 votes required for a simple majority. Afridi comfortably surpassed that mark, consolidating the party’s control over the province.

PTI lawmaker Asif Mehsud could not participate in the voting process as he is currently abroad. The announcement of the results, members of the assembly congratulated Afridi, many embracing him in celebration on the assembly floor.

Afridi’s rivals for the post included Maulana Lutfur Rehman of Jamiat Ulema-e-Islam-Fazl, Sardar Shahjahan Yousaf from the Pakistan Muslim League-Nawaz, and Arbab Zarak of the Pakistan Peoples Party.