The Peshawar High Court (PHC) has issued a nine-page reserved judgement directing Khyber Pakhtunkhwa Governor Faisal Karim Kundi to administer the oath of office to the newly elected chief minister by 4pm on Wednesday, October 15.
The court ruled that if the governor fails to do so, the speaker of the provincial assembly will conduct the oath ceremony to avoid a constitutional vacuum in the province.
Court directs governor to take oath by 4pm
The detailed judgement, released on Tuesday, stated that the governor is constitutionally bound to administer the oath to the newly elected chief minister within the specified time. If the governor fails to comply, Article 255 of the Constitution empowers the chief justice to nominate another person -- in this case, the speaker of the assembly -- to perform the oath-taking.
The court emphasized that the orders were issued to uphold the supremacy of the Constitution and ensure that no delay occurs in the transfer of executive power. “The oath-taking of the newly elected CM cannot be delayed further,” the decision read.
Legal context and court observations
According to the judgement, under Article 130(5) of the Constitution, the post of chief minister becomes vacant once the previous CM confirms resignation on the floor of the assembly. The court also noted that Ali Amin Gandapur’s resignation was confirmed on October 13, with the transcript of his speech submitted as evidence.
Also Read: Peshawar High Court reserves verdict in KP CM oath case
The court stated that, as per the law, the newly elected chief minister, Sohail Afridi, must take the oath before assuming office, and any further delay would violate constitutional procedure.
Khyber Pakhtunkhwa governor's response
In response, Governor Faisal Karim Kundi, who is currently in Karachi, stated that he has never refused to take the oath and is committed to fulfilling his constitutional duty.
“I will reach KP tonight in any case,” he told reporters. “I have requested the chief minister of Sindh to provide a plane as I do not have one available at the moment,” he added.
The governor confirmed that his reply has been submitted to the high court, reiterating his stance that the law and Constitution will be implemented in letter and spirit.
PTI leaders react to court’s decision
PTI leader Junaid Akbar welcomed the PHC’s ruling, saying, “Tomorrow evening at 4pm, our newly elected chief minister will take oath.”
He expressed gratitude to democratic forces, saying, “We fought a political, constitutional, and legal battle, and the court gave us what we were entitled to.” He thanked lawyer and PTI leader Salman Akram Raja for standing by him throughout the proceedings.
“If the governor does not take the oath by 4pm, the chief justice will ensure it is taken,” Akbar added, urging everyone to “avoid any undemocratic or unconstitutional actions.”
Statements from PTI leadership
Former National Assembly speaker Asad Qaiser also hailed the decision, saying, “We are grateful to the judiciary for giving a correct and constitutional verdict.”
He reaffirmed his party’s commitment to governance and reform, stating, “We will try to listen to your suggestions and give relief to the people. Khyber Pakhtunkhwa belongs to PTI.”
Qaiser further commended Sohail Afridi, saying he will “run the province with new enthusiasm and passion.”
Earlier in the day, the Peshawar High Court reserved its verdict on a petition concerning the oath-taking of Sohail Afridi as the newly elected Khyber Pakhtunkhwa chief minister, 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 was currently on an official visit and would return tomorrow at 2pm.
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 AAG responded that the final decision would be made once the governor returns.
