The newly elected chief minister of Khyber Pakhtunkhwa, Sohail Afridi, officially took oath of office on Wednesday after the Peshawar High Court directed the governor to administer the oath by 4pm today.

The governor of Khyber Pakhtunkhwa, Faisal Karim Kundi, administered the oath to Sohail Afridi during a ceremony held at the Governor House in Peshawar.

On October 13, Pakistan Tehreek-e-Insaf (PTI) nominee Sohail Afridi was elected as the Leader of the House in the Khyber Pakhtunkhwa Assembly after securing 90 votes. The opposition parties boycotted the election process.

Disorder during ceremony

The oath-taking ceremony at the Governor House began in disorder, as PTI workers were seen pushing and shoving each other during the proceedings. Despite the chaos, the ceremony was completed, marking the formal assumption of office by the new chief minister.

The Peshawar High Court (PHC) on Tuesday 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.

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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.

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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.