Khyber Pakhtunkhwa has been left without a functioning government, plunging the province into a constitutional quandary after the oath-taking ceremony for newly elected Chief Minister Sohail Afridi was delayed, compelling the Peshawar High Court (PHC) to intervene in the matter.
The PHC on Monday postponed until Tuesday the hearing on a Pakistan Tehreek-e-Insaf (PTI) petition that sought the nomination of an official to administer the oath to the new provincial chief executive.
Chief Justice S.M Atiq Shah, presiding over the proceedings, remarked that the Governor’s response was essential before the court could issue any ruling. ‘If we pass a decision without hearing the Governor’s side, another petition may be filed against us,’ the Chief Justice observed.
During the hearing, the court inquired about the presence of the Speaker or the Chief Minister and whether any communication had been made with the Governor regarding the administrative ceremony.
PTI General Secretary Advocate Salman Akram Raja informed the court that the party had contacted the Governor, who he claimed had neither accepted the resignation of his predecessor, Ali Amin Gandapur, nor was he present in Peshawar.
‘The question arises whether Khyber Pakhtunkhwa should remain without a Chief Minister until then,’ Mr. Raja argued forcefully. He highlighted that the province had been without a government for the past five hours since the cabinet stood dissolved, and requested the court to nominate a person to administer the oath immediately.
The Chief Justice directed the Additional Attorney General to confirm from the Governor’s Secretariat if Mr. Gandapur’s resignation had been officially received. The court ordered a report on the matter to be submitted by Tuesday.
Following the directive, the court deferred the hearing of the PTI’s plea until the next day.
Earlier on Monday, PTI candidate Sohail Afridi was elected as the 30th Chief Minister of Khyber Pakhtunkhwa, securing 90 votes in the provincial assembly.
The vacancy arose after former Chief Minister Ali Amin Gandapur resigned from his position on October 8, acting on directives from PTI founder Imran Khan, who had nominated Mr. Afridi for the top provincial office.