PHC rejects JUI-F’s appeal contesting the KP CM election

Just hours before Governor Faisal Karim Kundi is set to deliver the oath to CM-elect Sohail Afridi, the Peshawar High Court (PHC) on Wednesday dismissed a plea to invalidate the election of Khyber Pakhtunkhwa’s next chief minister.

JUI-F leader Maulana Lutfur Rehman had submitted the lawsuit the day before, asking the court to deem Afridi’s election as chief minister “illegal and void.” Governor Kundi, who had been abroad of the province, was later instructed by the PHC to make sure the oath-taking was completed by 4 p.m.

Barrister Yaseen argued for Rehman before a two-judge panel made up of Justices Arshad Ali and Waqar Ahmad, while Salman Akram Raja of the PTI spoke for the opposition.

Justice Ali stated that the court would still examine the petitioner’s arguments despite Raja’s contention that the JUI-F case had “become ineffective” as a result of the PHC’s previous ruling.

Given that former Chief Minister Ali Amin Gandapur’s resignation had not yet been acknowledged, Barrister Yaseen questioned how a new chief minister could be chosen, claiming that only the governor is authorized by Article 105 of the Constitution to formally accept such a resignation. He drew attention to the fact that Gandapur’s resignation was not delivered in person but rather transmitted by mail.

While acknowledging his worry, Justice Ali pointed out that the chief minister’s position is still unfilled until the resignation is formally recognized. Since Gandapur and his cabinet were still in power in theory, Yaseen insisted that the election was illegitimate and ran the possibility of causing a constitutional crisis.

In response to the bench’s question on whether Yaseen had looked over the chief justice’s earlier ruling, he said that PTI had submitted a false plea. Then, Justice Ali presented two choices: either dismiss the petition or provide a merit-based decision.

The appeal

In his request, Rehman contested Afridi’s election and named six respondents: Afridi, the KP government, Governor Kundi, Speaker Swati of the KP Assembly, the assembly secretary, and Gandapur. He said the election was “illegal, arbitrary, and without jurisdiction” and asked that it be ruled void. Additionally, the suit asked the court to order a new election in compliance with the Constitution and assembly regulations and to halt all associated actions until Gandapur’s resignation had been legally confirmed.

KP CM emergency

In the midst of turmoil surrounding Gandapur’s resignation, which he filed in accordance with instructions from PTI founder Imran Khan, Afridi was chosen on Monday. On October 15, the governor called Gandapur for clarification after returning two copies of the resignation because of differences in signatures.

Speaker Babar Saleem Swati called the parliament to choose a new leader in spite of this, with the PTI claiming that a CM’s resignation is exempt from gubernatorial approval under Article 130(8). Afridi won with 90 votes without any opposition because the opposition parties boycotted the session.

Chief Justice S.M. Attique Shah gave Governor Kundi instructions on Tuesday to administer the oath to Afridi, or in the event that the governor was unable to do so, the assembly speaker.

Speaking to media in Karachi after the court’s order, Kundi clarified that he never declined to give the oath and stated that he had always wanted to operate in accordance with the Constitution.