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PHC seeks governor’s availability for CM-elect’s oath-taking



A lawyer walks past in front of the Peshawar High Court building. — AFP/File
A lawyer walks past in front of the Peshawar High Court building. — AFP/File

PESHAWAR: The Peshawar High Court (PHC) on Tuesday instructed the Additional Advocate General to check on the availability of Khyber Pakhtunkhwa Governor Faisal Karim Kundi to administer the oath to the newly elected chief minister, Sohail Afridi.

This directive was issued in response to a petition filed by provincial assembly members, including the KP Assembly speaker, under Article 255 of the Constitution.

The petition called for the prompt swearing-in of the new chief executive and requested that the court designate an alternative official, such as the speaker or another representative, to perform the oath if the governor is not available.

The court has instructed the additional advocate general to update it on the matter before 1 pm today.

A written order from the previous hearing was also issued, underscoring the urgency of the situation.

The legal proceedings were initiated by Pakistan Tehreek-e-Insaf (PTI) shortly after Sohail Afridi was elected KP CM earlier in the day.

Afridi received 90 votes in the KP Assembly, with opposition parties boycotting the session. His rivals, including JUI-F’s Maulana Lutfur Rehman, PML-N’s Sardar Shahjehan Yousaf, and PPP’s Arbab Zarak Khan, secured no votes as their parties staged a walkout.

CM-elect Afridi replaces Ali Amin Gandapur, who resigned on 8 October under the directive of PTI founder Imran Khan. However, controversy ensued after KP Governor Kundi rejected Gandapur’s resignation, citing concerns over the authenticity of the signature. This has since cast a shadow over the legitimacy of the power transition.

PTI’s Secretary General Salman Akram Raja, speaking outside the court on Monday, criticised the governor for allegedly delaying the oath-taking ceremony. He asserted that the Constitution allows the Chief Justice to nominate an official to administer the oath in the governor’s absence and stressed that the province could not afford a governance vacuum.

The Peshawar High Court has adjourned the hearing until later today, seeking further clarification from the Attorney General’s office.

Afridi, a relatively new figure in provincial politics who began his career in 2015 and was elected an MPA in the 2024 general elections, now faces significant political headwinds. His appointment has drawn criticism from the federal government, which has accused the PTI of harbouring sympathies towards extremist elements, allegations the party strongly denies.

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