PHC seeks confirmation from AAG on KP governor’s availability for CM-elect’s oath
The directive came during a hearing on a petition filed by members of the provincial assembly, including the KP Assembly Speaker, under Article 255 of the Constitution.
The petition called for the immediate swearing-in of the new chief executive.
The petitioners further requested that if the governor remains unavailable, the court should authorize an alternative official — such as the speaker or another designated authority to administer the oath.
The court instructed the AAG to update it on the governor’s availability by 1 p.m. today, emphasizing the urgency of the matter in its written order from the previous hearing.
Meanwhile, the Jamiat Ulema-e-Islam (JUI-F) has also approached the PHC, challenging the legality of the chief minister’s election.
JUI-F MPA Lutfur Rehman who had initially been a candidate before his party boycotted the election filed a petition terming the process “illegal and unconstitutional.”
He argued that the election took place under questionable circumstances, particularly pointing out that former CM Ali Amin Gandapur’s resignation had not been accepted by Governor Kundi at the time.
The JUI-F petitioner urged the court to declare the election of Sohail Afridi as null and void.
The legal proceedings follow Pakistan Tehreek-e-Insaf’s (PTI) move to elect Sohail Afridi as chief minister a day earlier.
Afridi secured 90 votes in the provincial assembly, while opposition parties including the JUI-F, PML-N, and PPP boycotted the session, resulting in no votes for their respective candidates.
CM-elect Afridi replaces Ali Amin Gandapur, who resigned on October 8 under the directive of PTI founder Imran Khan.
However, controversy ensued after KP Governor Kundi rejected Gandapur’s resignation, citing concerns over the authenticity of the signature.
This has since cast a shadow over the legitimacy of the power transition.
PTI's Secretary General Salman Akram Raja, speaking outside the court on Monday, criticised the governor for allegedly delaying the oath-taking ceremony.
He asserted that the Constitution allows the chief justice to nominate an official to administer the oath in the governor’s absence and stressed that the province could not afford a governance vacuum.
Afridi, a relatively new figure in provincial politics who began his career in 2015 and was elected an MPA in the 2024 general elections, now faces significant political headwinds.
His appointment has drawn criticism from the federal government, which has accused the PTI of harbouring sympathies towards extremist elements, allegations the party strongly denies.
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