The Peshawar High Court (PHC) on Tuesday reserved its verdict on a constitutional petition filed by Pakistan Tehreek-e-Insaf (PTI) under Article 255 regarding the delay in administering the oath to Khyber Pakhtunkhwa’s newly elected Chief Minister Sohail Afridi.Chief Justice SM Atiq Shah presided over the hearing and repeatedly questioned the stance of the Khyber Pakhtunkhwa Governor during the proceedings.At the outset, the chief justice asked the Additional Attorney General what the governor had said about the matter.

The AAG informed the court that the governor was on an official visit to Karachi and would return tomorrow.The judge then inquired whether the oath would be administered upon his return, to which the AAG replied that the governor had summoned Ali Amin Gandapur. The chief justice remarked that this was a separate issue and asked directly whether the oath would be taken or not.The AAG responded that the governor would decide according to legal requirements upon his return.

The governor’s counsel, Aamir Javed, stated that the governor went to Karachi after summoning Ali Amin Gandapur and would act in accordance with the law after his return.Chief Justice Atiq Shah observed that once a chief minister resigns, the resignation becomes effective whether or not it is accepted by the governor. The governor’s lawyer argued that it was premature to assume the governor would refuse to administer the oath.

The chief justice further asked whether the governor could decide on the oath-taking tomorrow instead of focusing on the resignation issue, noting that Ali Amin Gandapur had already confirmed his resignation on the Assembly floor. The governor’s counsel contended that since the governor was not present in the province, he could not make any decision without personally reviewing the situation. PTI’s lawyer Salman Akram Raja argued that Ali Amin Gandapur had resigned and voted for the new Chief Minister, yet the governor was using delaying tactics and might again find a new excuse to postpone the matter.

After hearing arguments from all parties, the court reserved its judgment.Earlier, the court, presided over by Chief Justice Atiq Shah, issued a written order stating that the additional attorney general should ascertain the availability of the Governor before 1:00PM and report back to the court. The written order noted that the resignation of the previous Chief Minister Ali Amin Gandapur, had been submitted to the governor but not yet officially accepted.

Furthermore, CM Sohail Afridi was elected on October 13, and his nomination papers had been submitted on time by all candidates, including opposition members. Despite this, the swearing-in had been delayed, with opposition leaders expressing concerns about the election process.In the order, the court acknowledged that further delays in the swearing-in would disrupt the governance of the province, emphasizing the need for immediate action. The additional attorney general drew attention to Article 255(2), which prohibits further delay, but clarified that the Governor is expected to be available by October 15.

The election of Sohail Afridi as the new chief minister of Khyber Pakhtunkhwa has been challenged by the Jamiat Ulema-e-Islam-Fazl (JUI-F) in the Peshawar High Court (PHC). The petition was filed by the JUI-F’s parliamentary leader in the provincial assembly, Lutfur Rehman, through Barrister Yaseen Raza. The party argued that the resignation of the previous CM Ali Amin Gandapur has not been formally accepted, questioning how a new chief minister could be elected under these circumstances.

Credit: Independent News Pakistan (INP)