Peshawar, October 14, 2025: The Peshawar High Court (PHC) on Tuesday reserved its verdict in a case concerning the oath-taking of Khyber Pakhtunkhwa Chief Minister-elect Sohail Afridi, after the Additional Attorney General informed the court that a decision would be made once Governor Faisal Karim Kundi returns from abroad.
A PHC bench headed by Chief Justice SM Attique Shah heard a petition filed by provincial assembly members — including the KP Assembly speaker — under Article 255 of the Constitution, seeking the immediate swearing-in of the newly elected chief executive. The petition also requested the court to appoint an alternative authority, such as the speaker, to administer the oath in the governor’s absence.
During the proceedings, the Additional Attorney General told the bench that Governor Kundi is currently on an official visit abroad and is expected to return by 2pm on Wednesday. When asked whether the governor had consented to administer the oath, the official replied that the matter would be decided upon the governor’s return.
Advocate Amir Javed, representing the governor, argued that until the new chief minister assumes office, the outgoing chief minister will continue to manage government affairs. However, CJ Shah remarked that such a situation would only apply if no election had been held. “In this case, the election has already taken place,” he noted.
Advocate Salman Akram Raja, appearing for the petitioners, said that former chief minister Ali Amin Gandapur had publicly announced his resignation on the assembly floor and was the first to vote for Sohail Afridi. Raja added that since Gandapur himself acknowledged his resignation, any dispute over the authenticity of his signature no longer holds weight.
He urged the court to ensure the immediate oath-taking of the newly elected CM, saying it was “essential for the province’s administrative stability.”
The petitioners also maintained that Governor Kundi had already expressed unwillingness to administer the oath. After hearing arguments, the PHC reserved its verdict to be announced later.
Meanwhile, the Jamiat Ulema-e-Islam-Fazl (JUI-F) has filed a separate petition challenging Afridi’s election, terming the process “illegal and unconstitutional.” JUI-F MPA Lutfur Rehman — who was initially a candidate for the CM post — argued that Gandapur’s resignation had not been legally accepted, thus rendering the election invalid. The hearing was adjourned till Wednesday due to the absence of the petitioner’s counsel.
Afridi was elected chief minister on Monday with 90 votes, as opposition parties including the JUI-F, PML-N, and PPP boycotted the session. He replaces Gandapur, who resigned on October 8 on the directive of PTI founder Imran Khan. Governor Kundi later rejected the resignation, citing doubts about the signature’s authenticity, sparking a constitutional deadlock.
Afridi, who entered politics in 2015 and became an MPA in the 2024 general elections, now faces mounting challenges as his appointment draws scrutiny from both political rivals and legal quarters.
