PHC Seeks Update on Governor’s Availability for KP CM Oath

The Peshawar High Court (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.