Pakistan court dismisses plea challenging election of KP chief minister
PHC had earlier reserved the verdict after petitioner’s counsel requested bench to decide matter on merit
Kamran Ali
Correspondent Nukta
Kamran Ali, a seasoned journalist from Khyber Pakhtunkhwa, Pakistan, has a decade of experience covering terrorism, human rights, politics, economy, climate change, culture, and sports. With an MS in Media Studies, he has worked across print, radio, TV, and digital media, producing investigative reports and co-hosting shows that highlight critical issues.
A Pakistani court dismissed on Wednesday a petition challenging the election of Khyber Pakhtunkhwa’s newly elected Chief Minister Sohail Afridi, with the petitioner arguing that the vote was unconstitutional.
The Khyber Pakhtunkhwa Assembly elected Afridi on October 13, even as opposition lawmakers boycotted the process, alleging it violated constitutional procedures.
A two-member bench of the Peshawar High Court, comprising Justice Arshad Ali and Justice Wiqar Ahmed, heard the petition today, filed by Jamiat Ulema-e-Islam-Fazl's (JUI-F) Maulana Lutf-ur-Rehman a day earlier. The court then reserved its verdict on the plea.
During today's proceedings, JUI-F counsel Barrister Yasin Raza argued that the outgoing CM Ali Amin Gandapur’s resignation had not yet been formally accepted by the governor, meaning the position was not legally vacant. “The provincial cabinet still exists and has not been dissolved,” he added.
Justice Arshad Ali noted that Chief Justice S. M. Attique Shah had already clarified in an administrative order that Gandapur’s resignation had been verified. “Have you challenged that order?” he asked. The lawyer replied in the negative.
Salman Akram Raja, counsel for the PTI, told the court that the governor had already issued the schedule for the oath-taking ceremony and related proceedings were underway.
“This petition has now become infructuous,” he argued.
Justice Arshad Ali gave JUI-F two options: “Either withdraw the petition or allow the court to decide it.”
The petitioner’s counsel requested the bench to decide the matter on the merits. After hearing arguments from both sides, the court reserved its verdict.
The controversy stems from the governor’s initial refusal to accept Gandapur’s resignation, directing him instead to appear at the Governor's House for verification. Despite this, the KP Assembly went ahead and elected Afridi as CM on October 13, after Speaker Babar Saleem Swati declared the process constitutional - a move opposed by several parties who later challenged the election in the PHC.
Following Afridi’s election, the PTI filed a constitutional petition under Article 255, seeking his oath-taking, which Chief Justice Shah accepted, directing the governor to administer the oath or, in his absence, nominating Speaker Swati to do so.
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