PESHAWAR: The Peshawar High Court (PHC) on Tuesday reserved its decision on a petition filed by the Pakistan Tehreek-e-Insaf (PTI), seeking the immediate oath-taking of Khyber Pakhtunkhwa (KP) Chief Minister-elect Sohail Afridi. The court was informed that the matter would be resolved once Governor Faisal Karim Kundi returns from his foreign trip.
A bench led by Chief Justice SM Attique Shah heard the plea submitted by members of the KP Assembly, including the speaker, under Article 255 of the Constitution. The petition urged the court to ensure that the newly elected chief minister takes his oath without delay. It also requested that an alternative official, such as the speaker, be appointed to administer the oath if the governor remains unavailable.
During the hearing, the additional attorney general told the court that Governor Kundi is currently abroad on an official visit and is expected to return by 2pm on Wednesday. Chief Justice Shah questioned what the governor had said about the oath ceremony. The additional attorney general replied that the issue would be decided after the governor’s return.
Governor Kundi has appointed Advocate Amir Javed to represent him in court. Javed argued that until the new chief minister officially assumes charge, the outgoing chief minister will continue to handle administrative affairs. However, Chief Justice Shah remarked that such a situation applies only when no election has taken place. “In this case, the election has already been held, and other parties have also submitted nominations,” he noted.
Advocate Salman Akram Raja, representing the petitioner, stated that former CM Ali Amin Gandapur had already confirmed his resignation on the assembly floor a day earlier and was the first to vote for Sohail Afridi. Raja added that since Gandapur himself acknowledged the resignation, any dispute over his signature holds no ground. “It is now essential that the new chief minister takes the oath so that the province can function normally,” he argued.
The petitioner’s lawyer further claimed that the governor had already indicated his unwillingness to administer the oath. After hearing all arguments, the PHC reserved its verdict, which will be announced later.
Meanwhile, the Jamiat Ulema-e-Islam-Fazl (JUI-F) has also approached the PHC, challenging the legality of the CM election process. JUI-F MPA Lutfur Rehman, who was initially a candidate for the chief minister’s post, filed a separate petition, calling the election “illegal and unconstitutional.”
Rehman argued that former CM Gandapur’s resignation had not been formally accepted by Governor Kundi, making the entire election process invalid. He requested the court to declare the election of Sohail Afridi as “null and void.”
PTI initiated legal proceedings soon after Sohail Afridi was elected KP chief minister earlier in the day. Afridi secured 90 votes in the provincial assembly, while opposition parties, including JUI-F, PML-N, and PPP, boycotted the session. Their candidates, Lutfur Rehman, Sardar Shahjehan Yousaf, and Arbab Zarak Khan, received no votes following their walkout.
Sohail Afridi replaces Ali Amin Gandapur, who resigned on October 8 under the directive of PTI founder Imran Khan. However, the governor later rejected Gandapur’s resignation, raising doubts about the authenticity of his signature, sparking political controversy over the transition of power.
Afridi, a relatively new face in provincial politics, began his career in 2015 and was elected MPA in the 2024 general elections. His appointment as KP chief minister has drawn criticism from federal government circles, which accuse PTI of links with extremist elements—claims the party strongly denies.
Keywords: Peshawar High Court, Sohail Afridi, Khyber Pakhtunkhwa CM, PTI, Ali Amin Gandapur, Faisal Karim Kundi, JUI-F, KP politics, Pakistan news, CM oath-taking controversy.
