PESHAWAR (Dunya News) – The Peshawar High Court (PHC) on Wednesday disposed of a petition seeking to nullify the election of Khyber Pakhtunkhwa’s new chief minister, just hours before Governor Faisal Karim Kundi is scheduled to administer the oath to CM-elect Sohail Afridi.
The petition, filed by JUI-F leader Maulana Lutfur Rehman a day earlier, requested the court to declare Afridi’s election as chief minister “illegal and void.” Later, the PHC directed Governor Kundi, who had been outside the province to ensure the oath-taking takes place by 4 p.m.
A two-judge bench, comprising Justice Arshad Ali and Justice Waqar Ahmad, heard arguments from Barrister Yaseen on behalf of Rehman, while PTI’s Salman Akram Raja represented the opposing side.
Raja contended that the JUI-F petition had “become ineffective” following the PHC’s earlier order, but Justice Ali said the court would still hear the petitioner’s arguments.
Barrister Yaseen questioned how a new chief minister could be elected when the resignation of former CM Ali Amin Gandapur had not yet been accepted, arguing that under Article 105 of the Constitution, only the governor can formally acknowledge such a resignation. He pointed out that Gandapur’s resignation had been sent by post, not submitted in person.
Justice Ali acknowledged his concern, noting that the chief minister’s office remains vacant until the resignation is officially accepted. Yaseen maintained that the election was unconstitutional and risked creating a constitutional crisis, since Gandapur and his cabinet were technically still in office.
The bench asked whether Yaseen had reviewed the chief justice’s previous order, to which he responded affirmatively, claiming that PTI had filed a misleading petition. Justice Ali then offered two options: to withdraw the petition or proceed with a ruling on merit.
The petition
Rehman’s plea challenged Afridi’s election, naming six respondents — including the KP government, Governor Kundi, the KP Assembly through Speaker Swati, the assembly secretary, Gandapur, and Afridi. He requested that the election be declared null and void, arguing it was “unlawful, arbitrary, and without jurisdiction.” The petition also urged the court to suspend all related proceedings until Gandapur’s resignation had been legally verified and to order a fresh election in accordance with the Constitution and assembly rules.
KP CM crisis
Afridi was elected on Monday amid confusion over Gandapur’s resignation, which he submitted following directions from PTI founder Imran Khan. The governor returned two versions of the resignation due to signature discrepancies and summoned Gandapur for clarification on October 15.
Despite this, Speaker Babar Saleem Swati convened the assembly to elect a new leader, with PTI arguing that under Article 130(8), a CM’s resignation doesn’t require gubernatorial approval. Opposition parties disagreed and boycotted the session, leaving Afridi to win unopposed with 90 votes.
On Tuesday, Chief Justice S.M. Attique Shah ordered Governor Kundi to administer the oath to Afridi, or alternatively, the assembly speaker if the governor was unavailable.
Following the court directive, Kundi — speaking to reporters in Karachi — said he had always intended to act in accordance with the Constitution, clarifying that he never refused to administer the oath.