Peshawar, October 14, 2025: The Peshawar High Court (PHC) on Tuesday directed Khyber Pakhtunkhwa Governor Faisal Karim Kundi to administer the oath to Chief Minister-elect Sohail Afridi by 4pm on Wednesday. The court further ordered that if the governor failed to do so, the KP Assembly Speaker Babar Saleem Swati would perform the swearing-in.
The directive was issued by PHC Chief Justice S.M. Attique Shah while hearing a petition filed by the Pakistan Tehreek-e-Insaf (PTI), which sought the appointment of an alternative authority to administer the oath in the governor’s absence.
Afridi, the PTI candidate, was elected chief minister on Monday in a session boycotted by the opposition, amid uncertainty over the status of former chief minister Ali Amin Gandapur’s resignation. The PTI maintains that a chief minister’s resignation under Article 130(8) of the Constitution does not require the governor’s approval — a position challenged by the opposition parties.
During Tuesday’s proceedings, Additional Attorney General Sanaullah informed the court that the governor was currently outside Peshawar and was scheduled to return by air on Wednesday afternoon. “He said he does not have a private plane and the provincial government could send him a helicopter if it wants him to arrive earlier,” Sanaullah told the court.
Advocate General Amir Javed, representing the governor, argued that until the new CM assumes office, the outgoing chief minister retains administrative control. However, Chief Justice Shah observed that since the election had already been held, “the province cannot function indefinitely without an oath-taking.”
Counsel for the PTI, Salman Akram Raja, argued that the governor’s verification of Gandapur’s signature was unnecessary, saying, “Once a chief minister tenders resignation in writing and publicly acknowledges it, no further confirmation is required.”
Governor Kundi’s counsel informed the court that the governor intended to make a decision “in accordance with the Constitution” once he returned. He cited Article 130(7) and Article 48 to argue that the governor’s role carried constitutional discretion.
At one point, the chief justice asked the counsel whether the governor could guarantee administering the oath on Wednesday. “Who is running the province at the moment?” Justice Shah asked, noting that the court would not allow unnecessary administrative paralysis.
The court ultimately ordered that the governor administer the oath by 4pm on October 15, and in case of non-compliance, the assembly speaker would carry out the swearing-in.
JUI-F petitions PHC to nullify Afridi’s election
Earlier in the day, Jamiat Ulema-e-Islam-Fazl (JUI-F) leader Maulana Lutfur Rehman filed a separate petition in the PHC seeking to set aside Afridi’s election as “unconstitutional, unlawful, and void ab initio.”
Rehman — who was among the four candidates contesting the post — named six respondents, including the KP government, the governor, the assembly speaker, and both Gandapur and Afridi. His petition argued that the election was conducted despite Gandapur’s resignation not being lawfully accepted, violating Article 130(8) of the Constitution, which states that a CM may resign “by writing under his hand addressed to the governor.”
Rehman urged the court to suspend the election result, declare the assembly’s decisions “without lawful authority,” and order fresh polls for the post after lawful confirmation of Gandapur’s resignation.
Speaking outside the court, he said: “Until the seat becomes vacant, an election cannot be held. The governor has summoned Gandapur on October 15 — this process must conclude before a new chief minister is elected.”
From resignation to election: the political timeline
The crisis stems from PTI founder Imran Khan’s October 8 directive to replace Ali Amin Gandapur as KP chief minister. Gandapur submitted his resignation the same day and later posted a copy on X, saying both his letters bore his “authentic signatures.”
Governor Kundi, however, returned both letters citing “disparate signatures” and summoned Gandapur for verification on October 15. PTI argues that the governor’s acceptance is irrelevant and went ahead with Afridi’s election, which the opposition boycotted.
Afridi won with 90 votes, while candidates from JUI-F, PML-N, and PPP received none due to the boycott. The PHC’s latest ruling now places the onus on the governor to ensure a smooth transition — or risk bypass by the assembly speaker.
