PESHAWAR: The Peshawar High Court (PHC) has reserved the verdict in the case pertaining to administering the oath to newly elected chief minister, Sohail Afridi.
As per details, the bench, headed by Chief Justice SM Attique Shah, was hearing a petition filed by the members of the provincial assembly, including the KP Assembly speaker, under Article 255 of the Constitution, seeking the immediate swearing-in of the new chief executive.
The PHC vhief justice asked “Tell us clearly whether or not the governor expressed consent to administer the oath?”. In response, the additional attorney general said the matter would be decided once the governor returns.
After hearing the arguments, the PHC reserved its verdict to be announced later.
Earlier, the Peshawar High Court (PHC) has ordered the Additional Advocate General (AAG) to confirm the availability of the KP Governor Faisal Karim Kundi for administering the oath to newly elected chief minister, Sohail Afridi.
As per details, PHC issued the orders on the petition filed by the members of the provincial assembly, including the KP Assembly speaker, under Article 255 of the Constitution.
The petition was filed seeking the immediate swearing-in of the new chief minister, urging the court to nominate an alternative authority, such as the speaker or another official, to administer the oath if the governor remained unavailable.
The court had earlier directed the additional advocate general to update it on the matter before 1pm today.
On the other hand, the summary pertaining to the oath taking and election of the chief minister has been received at the Governor House.
The summary was sent to the governor house by the Speaker KP assembly Babar Saleem Sawati, requesting Kundi to take oath of the newly elected Chief Minister, sources revealed.
Sohail Afridi CM election
PTI’s Sohail Afridi was elected as Chief Minister despite opposition’s boycott amid controversy regarding outgoing chief minister Ali Amin Gandapur’s resignation.
Amid controversy surrounding outgoing chief minister Ali Amin Gandapur’s resignation, PTI’s Sohail Afridi was elected as new chief executive of the province despite the opposition’s boycott of the process.
Sohail Afridi secured 90 votes, whereas Jamiat Ulema-e-Islam-Fazl’s (JUI-F) Maulana Lutfur Rehman, Pakistan Muslim League-Nawaz’s (PML-N) Sardar Shahjehan Yousaf and Pakistan People’s Party’s (PPP) Arbab Zarak Khan got no votes at all as their members staged a walkout from the session.
The assembly session, chaired by Speaker Babar Saleem Swati, was boycotted by the opposition members who staged a walk out with opposition leader Dr Ibadullah Khan saying that they do not want to be part of any “unlawful” process.
JUI-F Challenges Sohail Afridi Election as Chief Minister KP
Jamiat Ulema-e-Islam-Fazl (JUI-F) has challenged the election of Sohail Afridi as the chief minister of Khyber Pakhtunkhwa (KP) in the Peshawar High Court (PHC).
As per details, the petition was filed by the JUI-F’s parliamentary leader in KP assembly, Lutfur Rehman, through Barrister Yaseen Raza.
The party informed the court that when the resignation of the previous CM Ali Amin Gandapur has not been formally accepted, then how a new chief minister could be elected under these circumstances.
According to the petition, the Governor of Khyber Pakhtunkhwa had asked the outgoing CM to appear before him on 15th October, indicating that the resignation has not been ratified yet.
CM KP election to be unconstitutional: Opposition Leader
Opposition Leader in Khyber Pakhtunkhwa (KP) Assembly, Dr. Ibadullah said that election of Chief Minister will be unconstitutional today as Ali Amin Gandapur resignation was not accepted by Khyber Pakhtunkhwa Governor yet.
In his address at KP Assembly floor, Dr Ibadullah said that Ali Amin Gandapur’s resignation has not yet been accepted by Governor and therefore a new Chief Minister cannot be elected while the current one is still in office.
Dr. Ibadullah said that the Governor KP has summoned Ali Amin Gandapur to clarify the ambiguities on October 15 at Governor House Peshawar.
“What’s the hurry with our friends? If they have the numbers, why make the process controversial? This act is illegal, and we will not be a part of it.”
Governor Kundi Summons CM Gandapur to Verify Resignation on Oct 15
Earlier, Governor Khyber Pakhtunkhwa Faisal Karim Kundi formally written to Chief Minister Ali Amin Khan Gandapur, directing him to appear at the Governor’s House on October 15 for verification of two purported resignation letters received earlier this month.
According to the Governor’s letter, two separate sets of resignation documents dated October 8 and October 11, were received at the Governor’s House, both allegedly bearing different and inconsistent signatures.
The Governor said that, as he is currently out of the city and will return to Peshawar on the evening of October 15, the Chief Minister has been advised to meet him at 3:00 p.m. the same day to verify the authenticity of the documents.
Governor Kundi emphasized that the matter would be settled strictly in accordance with the Constitution of the Islamic Republic of Pakistan.
