The Peshawar High Court (PHC) on Monday declined to grant immediate relief to the Pakistan Tehreek-e-Insaf (PTI) regarding the oath-taking of newly elected Chief Minister of Khyber Pakhtunkhwa Sohail Khan Afridi, adjourning the hearing until Tuesday.
During the proceedings, PTI General Secretary Salman Akram Raja and the Additional Attorney-General appeared before the court, requesting that the new chief minister be administered the oath the same day.
They argued that the province had been without a functioning government since the resignation of former chief minister Ali Amin Gandapur, which automatically dissolved the cabinet.
Raja urged the court to either nominate an official to administer the oath or direct the relevant authority to do so.
PTI’s Sohail Afridi elected KP chief minister
However, Chief Justice S.M. Atiq Shah asked the Additional Attorney-General to confirm from the Governor’s Secretariat whether Gandapur’s resignation had been officially received and if the summary for Afridi’s oath, sent by the provincial assembly speaker, had reached the governor’s office.
The Additional Attorney-General stated that the constitution was clear — if the governor refuses to administer the oath, Article 255 would apply — though he noted it was uncertain whether the summary had reached the governor.
Chief Justice Atiq observed that the governor’s stance was crucial, remarking, “Once the governor’s view is received, the court can take further action.” The hearing was then adjourned until Tuesday with directions to clarify the governor’s position.
Earlier, Aaj News reported that PTI had finalised a strategy to ensure the oath-taking of Sohail Afridi amid reports that Governor Faisal Karim Kundi might refuse to administer it.
PTI’s provincial president Junaid Akbar said the party would approach the PHC chief justice if the governor declined, requesting him to either administer the oath himself or assign another official to do so.
He added that Advocate-General Shah Faisal Uthmanzai had prepared a writ petition to ensure the process was completed without delay.
The situation has led to a constitutional standoff after the governor reportedly raised objections to Gandapur’s resignation instead of accepting it, creating uncertainty over who can administer the oath to the new chief minister.
The opposition, led by Dr Ibadullah, has also termed Afridi’s election unconstitutional and plans to challenge it in court on Tuesday.
Despite the standoff, PTI remains confident. “Just as we succeeded in electing our chief minister, we will also ensure his oath is taken,” Junaid Akbar said, expressing optimism that the issue would soon be resolved in the party’s favour.
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