The Peshawar High Court (PHC) on Tuesday directed Khyber Pakhtunkhwa Governor Faisal Karim Kundi to administer the oath to Chief Minister-elect Sohail Afridi at 4 p.m. on Wednesday, bringing temporary relief to the political deadlock over the delayed swearing-in ceremony.
Announcing the reserved verdict, a PHC bench led by Chief Justice SM Attique Shah directed that if the governor fails to administer the oath, KP Assembly Speaker Babar Saleem Swati should do so.
The court’s ruling came after it reserved its verdict earlier in the day in the much-discussed Sohail Afridi oath-taking case, which emerged following Governor Kundi’s refusal to accept the resignation of outgoing Chief Minister Ali Amin Gandapur.
A PHC bench led by Chief Justice SM Attique Shah issued the order while hearing the petition filed by members of the Khyber Pakhtunkhwa Assembly, including the speaker, demanding an immediate swearing-in ceremony for the newly elected chief minister. Afridi was elected a day earlier after securing 90 votes in the provincial assembly.
During the hearing, the additional attorney general informed the court that Governor Kundi was currently abroad and would return to Pakistan by 2 p.m. on Wednesday. When asked if the governor had agreed to conduct the ceremony, the official said the matter would be decided upon his return.
Legal tug of war over resignation
Governor Kundi’s counsel, Advocate Amir Javed, argued that Gandapur would continue managing affairs until the new CM took office. However, the Chief Justice disagreed, clarifying that this rule applies only when no election has been held. “Here, the election has already taken place,” Justice Shah remarked, pointing out the urgency of completing the transition.
Representing the petitioners, Advocate Salman Akram Raja argued that Gandapur had confirmed his resignation publicly on the assembly floor and even voted for Sohail Afridi. “Once Gandapur accepted his resignation himself, the question of his signature no longer remains,” Raja stated, emphasizing that the province needs a functional government.
JUI-F challenges election process
Meanwhile, in a separate petition, Jamiat Ulema-e-Islam (JUI-F) leader Lutfur Rehman, who lost to Afridi in the CM election, has challenged the legality of the entire process. He called the election “illegal and unconstitutional,” claiming that it violated procedural and constitutional norms since the governor had not formally accepted Gandapur’s resignation.
The JUI-F petition seeks to have Sohail Afridi’s election declared null and void, further complicating the Sohail Afridi oath-taking case.
Sohail Afridi, who started his political career in 2015 and became an MPA in the 2024 general elections, faces a major legal and political test even before assuming office. Opposition parties and federal government representatives have accused the Pakistan Tehreek-e-Insaf (PTI) of pushing a controversial candidate, a claim the party strongly denies.
