The Peshawar High Court (PHC) delivered a stern directive on Tuesday, ordering Khyber Pakhtunkhwa Governor Faisal Karim Kundi to administer the oath of office to the newly elected Chief Minister, Sohail Afridi, by 4 p.m. Wednesday. The court established a clear alternative, ruling that if the governor fails to comply, Provincial Assembly Speaker Babar Saleem Swati is to perform the ceremony on the same day.
The decisive verdict was announced by Chief Justice S.M Atiq Shah following a petition from Pakistan Tehreek-e-Insaf (PTI), which sought the court’s intervention to ensure the timely swearing-in of the new chief minister. The Chief Justice remarked that the situation was unambiguous, emphasizing that the resignation of former Chief Minister Ali Amin Gandapur became effective the moment it was received by the governor.
“The letter from the governor does not change this fact. Sohail Afridi has been elected Chief Minister with 90 votes,” Chief Justice Shah stated during the proceedings. “Once the resignation is submitted and received, it is deemed effective.”
During the hearing, the governor’s counsel appealed for patience, suggesting the court wait until the following day as the governor was expected to return and could then conduct the oath-taking ceremony. The lawyer proposed that the outgoing chief minister could handle official responsibilities until his successor was sworn in.
However, Chief Justice Shah dismissed this argument, pointing out that the constitutional provision cited applies only when a new leader has not yet been chosen. ‘That situation applies only when the election has not yet taken place – here, the new Chief Minister has already been elected,’ the judge observed.
The governor’s representative maintained that it was premature to assume a refusal to administer the oath and that the government had an aircraft available to expedite the governor’s return if necessary.
Representing PTI, counsel Salman Akram Raja contended that the governor was employing delaying tactics. He argued that Gandapur’s resignation was unequivocal, as he had not only stepped down but also cast his vote for Sohail Afridi in the chief ministerial election. Raja expressed apprehension that the governor might introduce new procedural hurdles to prolong the impasse.
After considering the arguments from both sides, the PHC reserved its judgment before issuing its final order, setting a firm deadline for the governor and empowering the provincial assembly speaker to act in his stead to uphold the constitutional process.