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A lawyer walks past in front of the Peshawar High Court building. — AFP/File
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The Peshawar High Court (PHC) has administered the oath to Khyber Pakhtunkhwa Governor Faisal Karim Kundi as Chief Minister Elect Sohail Afridi on Wednesday at 4 pm.
Announcing the safe verdict, a PHC bench headed by Chief Justice SM Atiq Shah directed that if the governor failed to administer the oath, KP Assembly Speaker Babar Saleem Swati should do so.
Moments before the court’s order, PPP Chairman Balwal Bhutto-Zidardari, speaking at a program in Karachi, urged a PPP member-governor Faisal Karim Kundi to proceed to Peshawar, fulfill his constitutional duties, and comply with the court’s directive.
The PHC order came after a petition was filed by members of the provincial assembly, in which KP Assembly Speaker Swati, under Article 255 of the Constitution, sought the immediate swearing-in of the new chief executive.
The petition appealed to the court to nominate an alternate authority, such as the Speaker or another official, to administer the oath if the governor is unavailable.
Speaking to reporters, Kundi—who is currently in Karachi—said that he never denied administering the CM election oath, while confirming that he would reach KP today.
“I have requested Sindh CM for my plane. My reply has also been submitted in the High Court,” he said. Kandi reiterated that he would follow the constitution and fulfill his duty as the governor of KP.
Senior PTI leader Asad Qaiser hailed the Peshawar High Court verdict as a “victory for the rule of law”.
Speaking to the media after the order, Qaiser thanked the PHC chief justice for what he called a “decision on merit”.
“We have to serve the people,” he said, expressing confidence that Afridi would “work with renewed determination.”
Political drama
The political drama unfolded after former KPP chief minister Ali Amin Gandpur resigned on October 8 at the behest of imprisoned Pakistan Tehreek-e-Ansaf (PTI) founder Umran Khan, paving the way for Afridi’s appointment.
A relatively new entrant in provincial politics, Afridi, who started his career in 2015 and entered the assembly in the 2024 general elections, now faces tough political leadership. His elevation has drawn sharp criticism from the federal government, which has accused the PTI of showing sympathy for extremist elements.
A day earlier, after a boycott by the opposition, Afridi was elected as the new chief executive of the province with 90 votes. His rivals—Jui-F’s Maulana Lotfur Rehman, PML-N’s Sardar Shahjahan Yousaf, and PPP’s Arbab Zareek Khan—did not get any votes as their parties walked out of the assembly.
However, the election became controversial when Governor Kundi rejected Gandpur’s resignation, citing “inconsistencies in the signatures”, casting doubt on the legitimacy of the power transfer.
The PTI, meanwhile, maintained that the resignation of a Chief Minister does not require sanction of aggression under the Constitution. Standing by this interpretation, the party went ahead with the selection of Afridi in the absence of opposition lawmakers.
The same day, in a premature legal move, the PTI filed a petition in the PHC requesting that KP Assembly Speaker Swati—or another appropriate official—be authorized to administer Sohail Afridi’s oath in Governor Kundi’s absence.
Tuesday’s hearing
During Tuesday’s hearing, the Additional Attorney General informed the court that the governor is currently out of the province on an official visit and is expected to return by 2 pm tomorrow.
On this, Chief Justice Shah inquired what the KP Governor Kandi said about the swearing-in ceremony. The Additional Attorney General replied that the Governor had called Gandpur to discuss the acceptance of his resignation.
“Tell us clearly whether the governor has agreed to take the oath or not?” PHCCJ asked. In response, the Additional Attorney General said that the matter will be decided after the Governor returns.
He also told the court that Governor Kundi had nominated advocate Aamir Javed to present arguments on his behalf, who argued that, “till the new chief minister assumes office, the outgoing chief minister will continue the government affairs.”
PHCC J Shah observed that such a situation would arise only if there were no elections. “But in this case, the elections have already taken place,” he remarked, adding that other political parties had also submitted nomination papers for the chief minister’s slot.
Salman Akram Raja, representing the petitioner, argued that Gandapur had also admitted his resignation from the post of CM on the Assembly floor a day earlier.
“Gandpur himself admitted his resignation in the assembly and was the first to vote for Sohail Afridi,” Raja said.
He argued that the governor had raised objections to the signing of the resignation document, adding, “Once Gandpur itself has accepted it, the question of signature no longer remains.”
“Now is the time that the newly elected chief minister is sworn in and the province starts functioning normally.”
The petitioner’s counsel argued that the governor had already expressed his intention “not to administer the oath.”
After hearing the arguments, the PHC reserved its decision.
Meanwhile, Jamiat Ulema (JUI-F) has also approached the PHC, challenging the election process of the CM-elect.
