- Court hears JUI-F leader’s petition seeking to declare CM-elect Sohail Afridi’s election ‘illegal and void’
- Bench comprising Justices Arshad Ali and Waqar Ahmad hears arguments from both sides
PESHAWAR: The Peshawar High Court (PHC) on Wednesday disposed of a petition seeking to nullify the election of Khyber Pakhtunkhwa’s new chief minister, just hours before Governor Faisal Karim Kundi was scheduled to administer the oath to Chief Minister-elect Sohail Afridi.
The petition, filed a day earlier by JUI-F leader Maulana Lutfur Rehman, had requested the court to declare Afridi’s election “illegal and void.” The PHC, however, directed Governor Kundi—who had been outside the province—to ensure that the oath-taking ceremony was held by 4pm.
A two-member bench, comprising Justice Arshad Ali and Justice Waqar Ahmad, heard arguments from Barrister Yaseen, counsel for the petitioner, while PTI’s Salman Akram Raja appeared for the opposing side.
Raja contended that the JUI-F petition had “become ineffective” in light of the PHC’s earlier order, but Justice Ali remarked that the bench would nonetheless hear the petitioner’s arguments.
Barrister Yaseen argued that a new chief minister could not be elected until the resignation of former CM Ali Amin Gandapur was formally accepted, contending that under Article 105 of the Constitution, only the governor could acknowledge such a resignation. He added that Gandapur’s resignation had been sent by post rather than submitted in person.
Justice Ali noted that the concern was valid, observing that the chief minister’s office technically remains vacant only after the resignation is officially accepted. Yaseen insisted that the election was unconstitutional and risked triggering a constitutional crisis, as Gandapur and his cabinet were still deemed in office.
The bench then inquired whether Yaseen had reviewed the chief justice’s previous order; the counsel confirmed he had while alleging that the PTI had filed a misleading petition. Justice Ali subsequently offered two options—to withdraw the plea or allow the court to rule on merit.
In his plea, Rehman had named six respondents: the KP government, Governor Kundi, the provincial assembly through Speaker Babar Swati, the assembly secretary, former CM Gandapur, and CM-elect Afridi. He requested the court to declare the election “unlawful, arbitrary, and without jurisdiction” and to suspend all related proceedings until Gandapur’s resignation had been legally verified. The petition also sought a fresh election in accordance with the Constitution and assembly rules.
