Pakistan court orders governor to swear in new KP CM by Wednesday afternoon

A Pakistan court ordered the Khyber Pakhtunkhwa governor to administer the oath of office to newly elected Chief Minister Sohail Afridi by 4 p.m. Wednesday, warning that if he fails to do so, the provincial assembly speaker will carry out the ceremony instead.

The ruling was issued by Peshawar High Court Chief Justice Attique Shah after hearing a constitutional petition filed by the Pakistan Tehreek-e-Insaf (PTI) seeking Afridi’s immediate swearing-in under Article 255 of Pakistan’s constitution.

CJ Shah noted that outgoing Chief Minister Ali Amin Gandapur had already confirmed his resignation on the floor of the provincial assembly, and Speaker Babar Saleem Swati conducted the subsequent election after verifying that resignation.

“The newly elected chief minister has fulfilled all constitutional requirements and is required to take the oath,” the chief justice said.

The court observed that the governor, who was in Karachi on an official visit, had assured through his counsel that he would return to Peshawar on Wednesday to address the matter in accordance with the law. “Keeping in view the assurance given by the governor, the court expects that the governor will fulfill his constitutional responsibility without any further delay,” CJ Shah remarked.

However, the court set a firm deadline, directing that “if the governor fails to administer the oath to the newly elected chief minister by 4 p.m. on October 15, Speaker Babar Saleem Swati shall administer the oath on the same day.”

The decision followed several days of political uncertainty in Pakistan’s northwestern province after Gandapur’s resignation and Afridi’s election as his successor. The governor’s absence from the province had delayed the oath ceremony, prompting PTI to approach the court.

Afridi, 35, was elected chief minister last week with 90 votes in the 115-member assembly. The opposition boycotted the vote, terming it unconstitutional on grounds that Gandapur’s resignation had not yet been formally accepted by the governor.

During Tuesday’s hearing, CJ Shah pressed the governor’s legal team for clarity, asking, “What has the governor said?” Additional Attorney General Aamir Javed responded that the governor was returning from Karachi on Wednesday and would “review the matter legally” upon arrival.

The chief justice questioned the delay, noting that Gandapur’s resignation had already been confirmed in the assembly. “Once a chief minister resigns and that resignation is confirmed on the floor, it takes effect,” he said.

PTI’s lead counsel, Salman Akram Raja, argued that the governor was using “delaying tactics” and warned that “he may again find another pretext to postpone the oath.” Raja stressed that Gandapur not only resigned but also voted in Afridi’s favor, proving that the transfer of power was legitimate.

The governor’s counsel, Aamir Javed, maintained that the governor could not act without reviewing the resignation personally. “He cannot decide without seeing the document himself,” he said.

The court also questioned logistical delays, asking whether the provincial government could arrange a special flight to bring the governor back earlier. The governor’s lawyer replied that the Khyber Pakhtunkhwa government had no official aircraft, while the advocate general said he lacked the authority to make travel arrangements, noting, “Without a chief minister, I have no administrative power — I can only advise.”

After reviewing the arguments, the Peshawar High Court reserved its decision briefly before issuing the order mandating the oath ceremony by 4 p.m. Wednesday.

The ruling removes a key obstacle in Sohail Afridi’s assumption of office as Khyber Pakhtunkhwa’s youngest chief minister and the first from the former tribal areas.Soh