PHC Directs KP Governor to Administer Oath to Sohail Afridi by Tomorrow
The Peshawar High Court (PHC) on Tuesday directed Khyber Pakhtunkhwa Governor Faisal Karim Kundi to administer the oath to Chief Minister-elect Sohail Afridi by 4 p.m. on Wednesday, ensuring the timely transition of provincial leadership.
Court Orders Swift Action
The decision came after a petition was filed under Article 255 of the Constitution by members of the provincial assembly, including the KP Assembly Speaker, seeking an immediate swearing-in ceremony for the newly elected chief minister. The petitioners requested that if the governor was unavailable, another constitutional authority such as the speaker or a senior official be permitted to administer the oath.
A two-member PHC bench led by Chief Justice SM Attique Shah delivered the verdict, emphasizing that administrative continuity is essential and constitutional obligations must not be delayed.
Governor’s Absence and Legal Arguments
During the hearing, the Additional Attorney General informed the court that Governor Faisal Karim Kundi was abroad on an official visit but was expected to return by 2 p.m. tomorrow. The attorney general added that the matter would be addressed as soon as the governor returns.
Chief Justice Shah, however, inquired about the governor’s intent to fulfill his constitutional duty. The court questioned whether the governor had expressed consent to administer the oath upon his return. The attorney general clarified that discussions had taken place between the governor and former CM Ali Amin Gandapur regarding his resignation and the upcoming ceremony.
Advocate Amir Javed, representing the governor, argued that until the new chief minister formally assumes office, the outgoing CM retains administrative powers. However, the Chief Justice observed that such an arrangement is valid only in the absence of an election—whereas, in this case, the election had already concluded.
Petitioners’ Argument and Court’s Verdict
Representing the petitioners, Salman Akram Raja contended that Ali Amin Gandapur had already resigned from his position and even voted for Sohail Afridi during the assembly session. He further argued that since Gandapur himself acknowledged his resignation, the question of verifying his signature was irrelevant.
“The province must now move forward under its newly elected leadership,” Raja emphasized, urging the court to direct the immediate oath-taking ceremony to restore normal governance.
After reviewing all submissions, the PHC issued a clear directive: Governor Faisal Karim Kundi must administer the oath to Sohail Afridi by 4 p.m. Wednesday. Should the governor fail to comply, the KP Assembly Speaker is authorized to carry out the ceremony instead.
Ensuring Continuity in Governance
The verdict underscores the judiciary’s role in upholding constitutional procedures and preventing administrative paralysis. With political transitions often facing procedural hurdles, the PHC’s ruling seeks to ensure that governance in Khyber Pakhtunkhwa continues without unnecessary delays.
The court’s decision is expected to bring clarity and stability to the provincial setup, allowing the newly elected government under Sohail Afridi to officially begin its term and focus on governance priorities.
