PESHAWAR: The Peshawar High Court (PHC) has directed Khyber Pakhtunkhwa Governor Faisal Karim Kundi to administer the oath of office to Chief Minister-elect Sohail Afridi by 4 p.m. tomorrow.
The order came in response to a constitutional petition filed by Pakistan Tehreek-e-Insaf (PTI) under Article 255, challenging the delay in the oath-taking ceremony of the newly elected Chief Minister. The court had reserved its verdict earlier, which it announced today.
Chief Justice Atiq Shah, who headed the bench, remarked that if the Governor fails to administer the oath, the Speaker of the Khyber Pakhtunkhwa Assembly will do so instead.
During the hearing, the Chief Justice repeatedly questioned the stance of the provincial Governor. At the outset, he asked the Additional Attorney General to clarify the Governor’s position on the matter.
The Additional Attorney General informed the court that Governor Kundi was on an official visit to Karachi and would return by flight tomorrow. The Chief Justice then asked whether the Governor intended to take the oath upon his return.
The Additional Attorney General replied that the Governor had summoned former Chief Minister Ali Amin Gandapur. The Chief Justice observed that this was an entirely separate issue and insisted on a clear answer regarding the oath-taking.
The Governor’s counsel, Amir Javed, told the court that Kundi had gone to Karachi after summoning Gandapur and would act according to the law upon his return. The Chief Justice responded that a Chief Minister’s resignation takes effect upon submission, regardless of whether the Governor accepts it or not.
Counsel for the Governor argued that it was premature to assume the Governor would refuse to administer the oath.
Chief Justice Atiq Shah further questioned whether the Governor could decide on the oath-taking tomorrow instead of focusing on the resignation issue, noting that Gandapur had already confirmed his resignation on the assembly floor.
The Governor’s lawyer maintained that since the Governor was not in the province at the time, he could not make any decision without reviewing the matter himself.
Meanwhile, PTI’s counsel Salman Akram Raja argued that Gandapur had already resigned and even voted for the new Chief Minister, yet the Governor was employing delaying tactics and might find new excuses to defer the process further.
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After hearing all arguments, the court reserved its judgment earlier and has now announced its decision, directing the Governor to fulfill his constitutional obligation without further delay.
