PHC Orders Governor to Administer Oath to New KP Chief Minister

The Peshawar High Court (PHC) has directed the Governor of Khyber Pakhtunkhwa to administer the oath to the newly elected Chief Minister, Sohail Afridi, tomorrow. The court stated that if the Governor fails to do so, the Speaker should take the oath from the new Chief Minister at 4 pm the same day.

During the hearing, the Additional Attorney General informed the court that the Governor is on an official visit and will return at 2 pm. He also said the Governor has asked Ali Amin Gandapur to seek the resignation’s approval.

When questioned, the Attorney General said that the Governor’s decision on the oath will become clear upon his return. The court asked whether the Governor has already agreed to administer the oath. The AG responded that the Governor must be allowed time to decide, and he has nominated Advocate Aamir Javed to present arguments in his favor.

Advocate Aamir Javed told the court to wait until the Governor returns, promising that all formalities will be completed. Meanwhile, the court noted that until the new Chief Minister is sworn in, the old Chief Minister will continue in office—though this only applies when no election is held. Here, elections have taken place, and other political parties had also submitted nomination papers for the Chief Minister’s position.

The court reserved its final decision and will proceed based on constitutional protocol once the Governor returns.

On Tuesday, PHC has issued an order for the previous hearing of the petition regarding the oath-taking of the newly elected Chief Minister.

The Peshawar High Court, in its order, said that the Additional Advocate General should inquire about the availability of the Governor to administer the oath to the newly elected Chief Minister and inform the court before 1 pm today.

The court said that the petition was filed by the Speaker and members of the Provincial Assembly under Article 255, requesting that the Speaker or someone else be nominated to take the oath.

On the other hand, JUI-F has challenged the process of selecting the newly elected Chief Minister, in which regard, Member of Provincial Assembly Lutfur Rehman has filed a petition in the Peshawar High Court.

The petition states that Ali Amin Gandapur’s resignation was not accepted and another chief minister was elected. The process of electing the newly elected Chief Minister Sohail Afridi is illegal and unconstitutional. The process of electing Sohail Afridi as Chief Minister should be declared null and void.

However,  PTI’s Sohail Afridi was elected the new Chief Minister of Khyber Pakhtunkhwa yesterday with the support of 90 members, while on the other hand, the Governor of Khyber Pakhtunkhwa has not yet accepted Ali Amin Gandapur’s resignation from the post of Chief Minister and sent him back with objections.

The Governor of Khyber Pakhtunkhwa, Faisal Karim Kundi, has finalized his response regarding the resignation of former Chief Minister Ali Amin Gandapur and the oath-taking of newly elected CM Sohail Afridi, sources revealed.

According to sources, the Governor has sent his written reply to the Peshawar High Court via the Additional Attorney General.

In the response, the Governor reportedly stated that he will follow the constitutional procedure:

“I will accept the resignation and also administer the oath to the new Chief Minister — as per the Constitution,” the Governor said, according to sources.

The Governor questioned why the provincial assembly proceeded with electing a new Chief Minister before the resignation was officially accepted.

“If the CM’s position was not legally vacant, how can someone else be elected to it?” the Governor questioned.

He further said the provincial government continued to take unconstitutional steps during the process.

Citing a Supreme Court ruling, the Governor emphasized that two key checks must be done before accepting any resignation:

1. Is the resignation genuine and signed by the person?

2. Was it submitted under free will — not under pressure or coercion?

“If a resignation is forced or under pressure, it can harm democratic values,” the Governor reportedly added.

The High Court is expected to review the Governor’s response as the legal process unfolds.

Furthermore, the Chief Justice of the Peshawar High Court has reserved the decision on the PTI’s constitutional petition regarding the oath-taking of the new Chief Minister. During the hearing, the Chief Justice asked for an update on the Governor’s position.

The Additional Attorney General informed the court that the Governor is currently on an official visit to Karachi and is expected to return tomorrow by flight.

The Chief Justice asked if the Governor will administer the oath tomorrow, to which the Additional Attorney General replied that after calling Ali Amin Gandapur, the Governor went to Karachi but will return to handle the matter legally.

The Governor’s lawyer said once the Governor returns, he will make a decision according to the law.

The Chief Justice emphasized that a resignation is considered submitted once given, regardless of whether the Governor accepts it or not.

The Governor’s lawyer said it is too early to say whether the oath-taking will happen soon.

The Chief Justice noted that Ali Amin Gandapur had confirmed his resignation on the assembly floor.

The court will review the matter further once the Governor returns.