Pakistan court disposes of plea challenging Sohail Afridi’s eligibility as KP CM following Governor’s Rule

The Federal Constitutional Court on Thursday, October 15, disposed of a petition challenging the eligibility of ousted Khyber Pakhtunkhwa Chief Minister Sohail Afridi, declaring the case infructuous in light of the federal imposition of emergency and Governor’s Rule across the province.

Why did the Constitutional Court declare the disqualification plea ineffective?

A bench headed by Chief Justice Aminuddin Khan observed that the disqualification plea, originally filed by prominent political figure and lawyer Sher Afzal Marwat, no longer presented an active constitutional issue following the federal government's recent executive measures.

Chief Justice Khan questioned whether the court could proceed with examining Afridi’s credentials when he is not actively holding the chief executive's office, remarking during proceedings: “Can the petition be heard after the recent developments concerning the chief minister? Proceedings cannot move forward in the present circumstances.”

Justice Baqar Najafi supported the observation, noting that the invocation of emergency and the enforcement of Governor’s Rule are distinct executive actions, rendering the direct disqualification challenge against the former chief minister no longer a live dispute.

The bench clarified that should emergency measures be rescinded and Afridi reinstated to the office in the future, the petitioner would retain the right to submit a miscellaneous application seeking restoration of the case. With Afridi currently out of office, the court formally declared the petition ineffective and disposed of the matter.

What legal remedies remain as Marwat vows to challenge Governor's Rule?

During the proceedings, petitioner Sher Afzal Marwat requested a brief adjournment, arguing that the issue remained relevant because lifting the emergency could automatically pave the way for Afridi’s resumption of executive power.

Upon the court's disposal of the eligibility plea, Marwat signaled his intent to open a separate legal front, confirming that he plans to independently challenge the constitutionality of the federal government’s invocation of Articles 232 and 234.

The court’s ruling comes amid an intensifying legal and political confrontation in Khyber Pakhtunkhwa. Following the dissolution of the provincial cabinet and the imposition of direct federal oversight, Afridi was formally named in a supplementary charge sheet by Peshawar police over the May 9, 2023 Radio Pakistan arson attack, based on forensic identification from the Punjab Forensic Science Agency (PFSA) and NADRA. With legal teams on both sides mobilizing ahead of the October 28 anti-terrorism court hearings, the dispute over provincial executive authority is widely expected to return to the apex constitutional docket.

Constitutional lawyers are preparing separate petitions to contest the legal validity of the emergency proclamation before the Federal Constitutional Court.