The Federal Constitutional Court has fixed for hearing a petition challenging the election of Khyber Pakhtunkhwa Chief Minister Sohail Afridi on October 15.
Advocate Sher Afzal Marwat has challenged Afridi’s appointment, arguing that a convicted person cannot have the authority to nominate or appoint someone to a public office.
A bench headed by Federal Constitutional Court Chief Justice Aminuddin will hear the case.
Case background
The court had previously heard the petition seeking to declare the election of the KP chief minister invalid on September 14, 2026.
During the hearing, Justice Aamer Farooq asked what major constitutional question was involved in the case.
Marwat argued that former KP Chief Minister Ali Amin Gandapur had not resigned voluntarily but had stepped down on the instructions of PTI founder Imran Khan.
He said the Constitution requires a public office-holder to resign voluntarily.
According to Marwat, Gandapur had clearly stated in his resignation letter that he was stepping down on Imran Khan’s instructions. He also claimed that the governor had not formally accepted the resignation, arguing that such approval was necessary before a chief minister could be de-notified.
Justice Ali Baqar Najafi observed that another resignation had been submitted two days later. Marwat responded that the second resignation may also not have been accepted.
Referring to the Nawaz Sharif party presidency case, Marwat argued that the Supreme Court had previously held that a disqualified person could not run the state through a proxy.
He maintained that Imran Khan was disqualified when he allegedly directed Gandapur to resign, and that running the government or state through a proxy amounted to undermining the Constitution.
The Federal Constitutional Court later admitted the petition for regular hearing and issued notices to the provincial government, the KP chief minister and the Attorney General of Pakistan for legal assistance in the case.
