Pakistan court admits petition challenging KP Chief Minister's election

Pakistan’s Federal Constitutional Court admitted a legal petition on Monday, challenging the constitutional validity of Khyber Pakhtunkhwa Chief Minister Sohail Afridi’s election, issuing notices to the provincial government, Afridi, and the Attorney General for Pakistan.

What constitutional questions were raised regarding Ali Amin Gandapur's resignation?

During court proceedings in Islamabad, a bench featuring Justice Aamer Farooq and Justice Ali Baqar Najafi examined the circumstances surrounding the departure of former Chief Minister Ali Amin Gandapur.

Representing the petitioner, lawyer Sher Afzal Marwat argued that Gandapur’s resignation was not voluntary, noting that the former chief minister explicitly stated he was stepping down on the direct instructions of imprisoned Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan.

Marwat further contended that the Governor of Khyber Pakhtunkhwa had not formally accepted Gandapur's initial resignation letter or issued a formal de-notification, creating a procedural irregularity prior to Afridi’s election by the provincial assembly.

Addressing bench queries regarding a secondary resignation submitted two days after the first, Justice Najafi questioned whether the second document had similarly lacked formal gubernatorial acceptance, noting that the court must determine if the constitutional chain of succession was properly satisfied.

How does the petition challenge proxy governance by disqualified political leaders?

Citing Supreme Court precedents—including the landmark ruling on party presidency regarding former Prime Minister Nawaz Sharif—Marwat argued that a constitutionally disqualified individual cannot exercise executive state authority through proxies. He asserted that because Imran Khan faces legal disqualifications under Articles 62 and 63 of the Constitution, issuing binding directives to alter or dismantle an elected provincial government subverts constitutional principles.

PTI leadership dismissed the petition as lacking legal weight, maintaining that Gandapur voluntarily resigned and that Afridi was validly elected by a parliamentary majority. The court has directed the Attorney General for Pakistan to provide legal assistance on the constitutional maintainability of the petition during upcoming hearings.