The Peshawar High Court (PHC) on Tuesday reserved its verdict on a petition concerning the oath-taking of newly elected Khyber Pakhtunkhwa Chief Minister Sohail Afridi, amid ongoing confusion over the resignation of former CM Ali Amin Gandapur.

During the proceedings, the Additional Attorney General informed the court that the Governor of Khyber Pakhtunkhwa is currently on an official visit and will return tomorrow at 2 pm.

The CJ questioned the official on the governor’s stance regarding the oath-taking, to which he replied that the Governor had called Ali Amin Gandapur to discuss the approval of his resignation.

The court pressed for clarity on whether the Governor had agreed to administer the oath. The Attorney General responded that the final decision would be made once the governor returns.

Advocate Aamir Javed, appearing before the court, requested the bench to wait until the Governor’s return, adding that “if needed, the government can arrange a plane to bring him back sooner.”

However, the chief justice observed that since the chief ministerial election has already taken place, the delay in oath-taking raises constitutional questions.

JUI-F challenges election of Sohail Afridi

Meanwhile, Jamiat Ulema-e-Islam (F) has challenged the election of Sohail Afridi as the new Chief Minister. The petition, filed by provincial assembly member Lutfur Rehman, contends that Gandapur’s resignation was not officially accepted before the election, making the selection of Sohail Afridi illegal and unconstitutional.

The petition demands that the election process of Sohail Afridi be declared null and void.

Background

PTI’s Sohail Afridi was elected as the new Chief Minister of Khyber Pakhtunkhwa on Monday, securing the support of 90 assembly members.

However, the Governor’s refusal to accept Gandapur’s resignation, which was reportedly sent back with objections, has created a constitutional impasse. Legal experts say the Governor’s role remains crucial, as the new CM cannot assume office without the official oath-taking.