Constitutional Court Issues Notices Over Sohail Afridi’s Election as KP CM

ISLAMABAD: The Federal Constitutional Court has admitted for hearing a petition challenging the election of Sohail Afridi as Khyber Pakhtunkhwa chief minister and issued notices to the provincial government and Afridi.

The court also issued a notice to the Attorney General for Pakistan to assist it in the case.

During the proceedings, Justice Aamer Farooq asked what constitutional question was involved in the case.

Legal Challenge to Chief Minister’s Election

Barrister Sher Afzal Marwat, appearing in the case, argued that former chief minister Ali Amin Gandapur had not resigned voluntarily.

He maintained that the Constitution envisages that a public office-holder can resign only voluntarily.

According to Marwat, Gandapur’s resignation letter stated that he was stepping down on the instructions of PTI founder Imran Khan.

He also argued that the governor had not accepted Gandapur’s resignation, raising questions over the constitutional process through which he ceased to hold the office.

Questions Over Second Resignation

During the hearing, Justice Ali Baqar Najafi observed that another resignation had been submitted two days later.

The judge questioned whether that second resignation had also been accepted.

Marwat argued that the governor’s acceptance of a chief minister’s resignation was necessary before the chief minister could be formally de-notified.

Reference to Supreme Court Ruling

Sher Afzal Marwat also referred to a previous Supreme Court judgment in the Nawaz Sharif party presidentship case.

He argued that the Supreme Court had held that a disqualified individual could not run the state through a proxy.

According to Marwat, Imran Khan was disqualified when he instructed Gandapur to resign.

He contended that attempting to run state affairs through a proxy amounted to undermining the Constitution.

Court to Examine Constitutional Issues

The court’s decision to admit the petition means the legal challenge to Sohail Afridi’s election will now proceed for substantive consideration.

The notices issued to the Khyber Pakhtunkhwa government, Sohail Afridi and the Attorney General indicate that the court will hear arguments on the constitutional questions raised by the petition.