Key News
The Peshawar High Court (PHC) on Tuesday instructed the Additional Advocate General (AAG) to immediately verify whether Khyber Pakhtunkhwa Governor Faisal Karim Kundi is available to administer the Sohail Afridi oath as the new chief minister. The direction, given during urgent proceedings, also asked the AAG to report back to the court before 1:00 pm the same day, underscoring the court’s insistence on a rapid resolution to prevent any governance vacuum.
Why the court stepped in 🏛️
PTI lawmakers — including the KP Assembly speaker — moved the PHC under Article 255 of the Constitution seeking prompt swearing-in of the newly elected CM. Their petition requested that, if Governor Kundi is unavailable, the court nominate an alternative official (for example the speaker) to perform the oath-taking. The PHC issued a written order from the previous hearing as well, stressing the urgency of concluding the matter without delay.
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At the same time, the Jamiat Ulema-e-Islam (JUI-F) filed its own petition challenging the validity of the election that produced the Sohail Afridi oath. JUI-F MPA Maulana Lutfur Rehman — who had been a candidate before his party’s boycott — argued the election was “illegal and unconstitutional,” pointing to contested circumstances surrounding the resignation of former CM Ali Amin Gandapur. The petition asserts that Gov. Kundi had not accepted Gandapur’s resignation, a fact the JUI-F says throws the subsequent selection and the Sohail Afridi oath into doubt.
Sequence of events and political blowback 🗳️
Sohail Afridi was elected as KP CM in a session where he secured 90 votes while opposition parties staged a walkout; rival candidates from JUI-F, PML-N and PPP recorded no votes. PTI filed the instant legal petition immediately after Afridi’s election to ensure formal swearing-in. PTI’s Secretary General, Salman Akram Raja, publicly criticised Governor Kundi for allegedly delaying the oath ceremony — arguing the Constitution permits the chief justice to nominate an alternate to administer the Sohail Afridi oath when the governor is unavailable.
Legal and constitutional considerations 📜
The PHC’s involvement highlights an intersection of constitutional procedure and political contestation. When a governor is unwilling or unable to swear in a CM, Pakistan’s constitutional framework and precedents allow for alternate arrangements to avoid an administrative standstill. The court’s order to have the AAG confirm the governor’s availability is a procedural step designed to establish whether deviation from the usual practice is necessary to effect the Sohail Afridi oath without infringing legal norms.
What this means for provincial governance 🏙️
Until the oath is administered, questions remain about the province’s executive continuity. PTI leaders warn that protracted delays would create institutional uncertainty, while opposition petitions raise substantive legal objections to the election process that produced Afridi. The PHC’s prompt direction to the AAG is therefore significant: it both pressures the office of the governor to clarify his position and provides the court with the factual basis to decide whether to authorize another official to perform the Sohail Afridi oath.
Background on the transition 🔁
Afridi succeeds Ali Amin Gandapur, who tendered his resignation on October 8 following directives from PTI leadership. Governor Kundi’s reported rejection of Gandapur’s resignation — citing concerns about the authenticity of the signature — has become a central point of contention in legal filings and political statements, and is a cornerstone of the JUI-F petition that contests the legitimacy of the Sohail Afridi oath.
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Readers can follow updates at official and authoritative outlets such as the Peshawar High Court website and national newspapers for live developments. For background reporting and analysis, reputable sources like Dawn and Geo News offer ongoing coverage. For local distribution and news updates, visit NewsCloud for formatted reports and links to official documents.
Quick legal resources and further reading 🔗
Relevant institutional references: Peshawar High Court — peshawarhighcourt.gov.pk; Supreme Court of Pakistan — supremecourt.gov.pk; and national reporting at Dawn and Geo News.
FAQs ❓
- Q: Who ordered confirmation of the governor’s availability for the Sohail Afridi oath? A: The Peshawar High Court directed the Additional Advocate General to confirm the governor’s availability.
- Q: Why is JUI-F challenging the Sohail Afridi oath? A: JUI-F filed a petition alleging the CM election process was illegal and unconstitutional, citing issues around the former CM’s resignation and the governor’s actions.
- Q: What happens if the governor is unavailable to administer the Sohail Afridi oath? A: The PHC has been asked to nominate an alternate authority, such as the assembly speaker, to perform the oath to avoid a governance gap.
- Q: How many votes did Sohail Afridi receive? A: Afridi received 90 votes in the KP Assembly amid an opposition boycott.
- Q: Where can I follow live updates about the Sohail Afridi oath proceedings? A: Follow official court releases and reputable news outlets like Dawn, Geo News, and local portals such as NewsCloud.
