Governor Kundi’s unavailability for CM’s oath, PHC steps in

PESHAWAR: The Peshawar High Court (PHC) has issued a written order today regarding the oath-taking of newly elected Chief Minister Sohail Afridi. The court was moved over concerns about the unavailability of the Khyber Pakhtunkhwa Governor Faisal Karim Kundi.

The court directed the Additional Advocate General to investigate the Governor’s availability to administer the oath to CM Afridi. The court has instructed the Advocate General to report back before 1 PM today on whether the Governor can attend to this constitutional duty.

Also read: Sohail Afridi chosen as the new KP Chief Minister

A request had earlier been filed by the Speaker of the Khyber Pakhtunkhwa Assembly and other concerned members, seeking clarification on the delay. The petitioners proposed that, in case of continued unavailability of the Governor, the Speaker or another designated official be nominated to take the oath on behalf of the Governor.

According to the PHC, Governor Kundi has expressed his inability to officiate the ceremony, raising concerns over the potential administrative disruption caused by further delay in the oath-taking. The court remarked that any such delay would hinder the proper functioning of the provincial government.

The Peshawar High Court (PHC) Chief Justice is scheduled to hear the matter further after 1 PM today to assess the situation and take appropriate action regarding the Governor’s unavailability.

SOHAIL AFRIDI ELECTED CM

Yesterday, Pakistan Tehreek-e-Insaf’s (PTI) nominated Sohail Afridi was elected as the next Chief Minister of Khyber Pakhtunkhwa, replacing Ali Amin Gandapur. He received 90 votes in KP Assembly session.

Earlier, Governor Kundi had rejected both resignation letters submitted by outgoing CM Ali Amin Gandapur, citing inconsistencies in the signatures. The governor has also summoned Gandapur to Governor House on October 15 to verify the authenticity of the documents.

Opposition Leader Dr Ibadullah has also questioned the legitimacy of the election of the new provincial chief. He claimed that Gandapur’s resignation had not been officially accepted and that neither the cabinet was suspended nor a proper procedure was followed, as per the Constitution.

“I still consider Ali Amin Gandapur as the Chief Minister,” Ibadullah said, holding up a letter from the Governor House as evidence that the resignation was not legally processed. “We cannot be part of an unconstitutional move,” he added, before announcing a walkout.

Also read: Gandapur ‘congratulates’ Afridi; pandemonium erupts in KP Assembly

However, legal experts are of the opinion that the PHC can appoint another member of the assembly or someone from the provincial leadership to administer oath. Moreover, some factions of the ruling party in KP, also contend that constitutionally the CM’s resignation does not need formal approval by the governor – a claim that the provincial opposition denies.