The Peshawar High Court has issued a significant directive, ordering Governor Khyber Pakhtunkhwa Faisal Karim Kundi to administer the oath to newly elected Chief Minister Sohaib Afridi by 4:00 p.m. on Wednesday, October 15.
The court further ruled that if the governor is unavailable, the Speaker of the Provincial Assembly will have the authority to administer the oath.
The hearing took place in response to a petition filed by Pakistan Tehreek-e-Insaf (PTI) regarding the delay in the oath-taking ceremony. During the proceedings, Aamir Javed Advocate, representing the governor, informed the court that the governor had expressed his willingness to return immediately if the provincial government arranged an aircraft.
In response, the Chief Justice remarked that the Advocate General should make the necessary arrangements. However, Advocate General Shah Faisal Utmankhel replied that, since there is currently no sitting chief minister, there is no one authorized to make such arrangements.
Senior lawyer Salman Akram Raja argued before the court that Ali Amin Gandapur had already announced his resignation on the assembly floor and was the first to cast his vote for the newly elected chief minister.
He emphasized that under the Constitution, there is no concept of formal approval of a resignation, and once a new chief minister is elected, the oath must be administered. Citing India’s Constitution, Article 190 (3)(b), he noted that the Indian Supreme Court had also ruled that resignation becomes effective without requiring formal acceptance.
Additional Attorney General informed the court that the governor is currently on an official visit and is expected to return by 2:00 p.m. on Wednesday. Responding to a question from the Chief Justice, he said the governor has summoned Ali Amin Gandapur to finalize matters related to the resignation before taking a decision. After hearing all arguments, the court reserved its judgment and later ordered the governor to conduct the oath-taking ceremony by 4:00 p.m. If he fails to do so, the Speaker will carry out the oath.
Speaking to the media after the decision, Junaid Akbar said the court had upheld the constitutional right, adding that their political and legal struggle had succeeded. He stated that if the governor does not administer the oath by the given time, the Speaker will step in. Meanwhile, Asad Qaiser called it a victory for the rule of law and praised the Chief Justice’s bold and merit-based judgment, saying such decisions strengthen public trust in the judiciary.
