The Peshawar High Court (PHC) has issued a nine-page reserved judgment instructing Khyber Pakhtunkhwa Governor Faisal Karim Kundi to administer the oath of office to the newly elected Chief Minister Sohail Afridi by 4pm on Wednesday, October 15. The verdict emphasizes that if the governor fails to comply, the speaker of the provincial assembly will carry out the oath-taking to prevent a constitutional vacuum in the province.
Court Orders and Constitutional Context
The judgment, released on Tuesday, stated that the governor is constitutionally bound to administer the oath without delay. Citing Article 255 of the Constitution, the court clarified that if the governor fails to perform his duty, the chief justice may nominate another official—in this case, the assembly speaker—to fulfill the responsibility.
The court noted that the directive aims to ensure constitutional continuity and avoid any disruption in governance. “The oath-taking of the newly elected CM cannot be delayed further,” the judgment read.
According to Article 130(5), the office of the chief minister becomes vacant once the incumbent confirms resignation on the assembly floor. The court confirmed that Ali Amin Gandapur’s resignation was officially recognized on October 13, supported by the transcript of his speech.
Governor’s Response
Governor Faisal Karim Kundi, currently in Karachi, said he has not refused to administer the oath and intends to return to Peshawar tonight.
“I have requested the Sindh Chief Minister for a plane as none is available at the moment,” he told reporters, reaffirming his commitment to fulfilling constitutional obligations.
He added that his response has been submitted to the PHC and that “the law and Constitution will be implemented in letter and spirit.”
PTI Leaders Welcome the Verdict
PTI leaders Junaid Akbar and Asad Qaiser hailed the PHC’s ruling as a victory for democracy and the Constitution.
Akbar stated, “Tomorrow at 4pm, our newly elected chief minister will take oath,” thanking the judiciary and lawyer Salman Akram Raja for their support.
He further urged all parties to “avoid undemocratic or unconstitutional actions.”
Former National Assembly Speaker Asad Qaiser added that PTI would now focus on governance and public relief, praising Sohail Afridi’s leadership potential: “He will run the province with new energy and commitment.”
Background of the Case
Earlier, the PHC had reserved its verdict on the petition concerning Sohail Afridi’s oath-taking amid confusion surrounding Ali Amin Gandapur’s resignation. During the proceedings, the Additional Attorney General informed the court that the governor was on an official visit and would return on October 15 at 2pm.
When asked about the governor’s stance, the AAG said that Faisal Karim Kundi had contacted Gandapur to confirm his resignation but assured that a decision would be made upon his return.
