PESHAWAR: The Peshawar High Court (PHC) issued a verdict on Tuesday regarding the swearing-in of Khyber Pakhtunkhwa’s newly elected Chief Minister, Sohail Afridi.
The court ordered KP Governor Faisal Karim Kundi to administer the oath to Sohail Afridi by 4 p.m. the following day.The ruling was delivered by a bench headed by Chief Justice SM Attique Shah, in response to a petition filed by some members of the provincial assembly, including the speaker of the KP Assembly, under Article 255 of the Constitution. The petition demanded the immediate induction of the new chief minister and suggested that, in case the governor was unavailable, another official such as the assembly speaker should perform the oath.
During the proceedings, the additional attorney general informed the court that the governor was currently abroad on an official trip but was expected to return by 2 p.m. the next day. He added that the matter would be addressed once the governor returned.Chief Justice SM Attique Shah queried the governor’s position regarding the oath-taking. The attorney general clarified that Governor Kundi had contacted Ali Amin Gandapur to discuss his resignation’s approval. The court asked for a clear statement on whether the governor had given his consent to administer the oath, but the attorney general indicated that a decision would be made after the governor’s return.
It was also revealed that Governor Kundi had appointed Advocate Amir Javed to speak on his behalf, who argued that until the new chief minister was sworn in, the outgoing CM would remain in charge of official affairs.Chief Justice Shah pointed out that such a situation would only arise if no election had taken place. “In this case, the election has already been held,” he noted, adding that multiple parties had submitted nominations for the chief minister’s position.
Salman Akram Raja, representing the petitioner, emphasized that Ali Amin Gandapur had publicly resigned as CM the previous day and had himself voted for Sohail Afridi in the assembly. Raja further stated that the governor had raised objections to the signature on Gandapur’s resignation letter, but since Gandapur had accepted his resignation publicly, the signature issue was no longer relevant.
He urged the court to expedite the process, asserting that the oath should be administered immediately to enable the province to function normally.
Raja also highlighted that the governor had shown reluctance to perform the oath and urged the court to intervene.After reviewing all arguments, the PHC directed the governor to administer the oath to Sohail Afridi the next day. Failing this, the court authorized the assembly speaker to carry out the oath-taking process.
