The Peshawar High Court (PHC) on Tuesday directed Khyber Pakhtunkhwa (KP) Governor Faisal Karim Kundi to administer the oath to newly elected Chief Minister Sohail Afridi by 4pm on October 15 (Wednesday) or authorise the Speaker of the Provincial Assembly to do so if unavailable.
The court issued the verdict on a petition filed by Pakistan Tehreek-e-Insaf (PTI) against the delay in the swearing-in ceremony of CM-elect Sohaib Afridi.
The oath-taking has been pending since Monday, when Afridi was elected as Leader of the House in the KP Assembly with 90 votes amid a walkout by the opposition, which termed the process “unconstitutional”.
Delivering the written verdict, the PHC noted that a province cannot remain without an executive head and ordered that in case of the Governor’s non-availability, the Speaker or another authorized official must carry out the oath-taking in accordance with the Constitution.
The bench, headed by PHC Chief Justice Atiq Shah, questioned the Governor’s absence and asked for immediate clarification regarding his availability.
Additional Advocate General informed the court that Governor Kundi is currently in Karachi on an official visit and is expected to return by Tuesday.
However, PTI’s counsel Salman Akram Raja argued that delaying the oath was a deliberate move to obstruct the democratic process.
He told the court that former CM Ali Amin Gandapur had already confirmed his resignation on the Assembly floor and voted for the new CM, thus the matter of resignation approval should not delay the next steps.
Background
Governor Kundi, in a statement to Aaj News, maintained that he would not engage in any unconstitutional act. He added that two resignation letters from Gandapur were received and the authenticity of each must be verified before proceeding.
He further stated that he would return to Peshawar by Tuesday and review the matter thoroughly before making a decision.
Meanwhile, Speaker Babar Saleem Swati had formally sent the notification of Sohaib Afridi’s election to the Governor House, requesting that the oath be administered as per constitutional requirements.
Legal uncertainty continues
The opposition, led by Dr Ibadullah, has vowed to challenge the election process in court, claiming it lacked legal standing. The case adds to the ongoing political instability in the province, already dealing with governance voids amid PTI’s internal reshuffles and resignations.
The PHC has instructed the Additional Advocate General to submit a compliance report by 1 PM Tuesday, confirming whether the Governor is available to administer the oath or not. If not, the court emphasized that the constitutional process must proceed without further delay.
The court’s ruling is seen as a significant development in asserting judicial oversight over constitutional obligations of public office holders and ensuring timely transition of power.
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