The Peshawar High Court (PHC) on Monday issued directions to the Additional Attorney General to confirm from the Governor House whether the summary for administering the oath to newly-elected Khyber-Pakhtunkhwa Chief Minister Sohail Afridi has been received or not. The court stated that the case would be heard again on Tuesday (today) after receiving confirmation.
The directives were issued by Chief Justice SM Atiq Shah while hearing a petition filed by Pakistan Tehreek-e-Insaf (PTI) seeking the Governor's immediate action on administering the oath to the newly-elected Chief Minister. The court was informed that the province was currently functioning without a Chief Minister, creating an administrative vacuum.
PTI's Secretary General Salman Akram Raja argued before the bench that former Chief Minister Ali Amin Gandapur had resigned from office on October 11, following which the provincial assembly elected Sohail Afridi as the new Chief Minister. He alleged that the Governor was deliberately delaying the process of administering the oath despite constitutional clarity on the matter.
Chief Justice Atiq Shah asked whether the Governor had accepted Gandapur's resignation. Raja replied that while the resignation had been sent to the Governor, its approval was not a constitutional requirement. The Chief Justice remarked that the Governor's opinion was nevertheless "important" and that the court could take further steps once the Governor's view was on record.
During proceedings, the court observed that it was dealing with the matter on an administrative side rather than judicial, emphasizing the urgency of resolving the constitutional deadlock. Salman Akram Raja further submitted that the Constitution authorizes the Chief Justice to nominate someone to administer the oath if the Governor refuses or delays it under Article 255.
According to Raja, Gandapur had personally submitted a handwritten resignation at the Governor House on October 11. However, the Governor reportedly raised objections the following day, claiming he was outside the province and would return on October 15. The Governor had asked Gandapur to appear in person for verification of the resignation.
Raja maintained that the Governor was aware of the assembly session scheduled for October 13 to elect a new Chief Minister and deliberately chose to delay the process.
"The province cannot remain without a Chief Minister for 48 hours," he said.
Additional Attorney General Sanaullah informed the bench that the Constitution clearly outlines the procedure for oath-taking under Article 255. However, it was still unclear whether the summary for the new Chief Minister's oath had been formally received by the Governor.
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