ISLAMABAD: Following the Federal Constitutional Court’s decision to admit the petition challenging the election of Khyber Pakhtunkhwa Chief Minister Sohail Afridi for a hearing, Sher Afzal Marwat said that it is a significant development that the country’s highest constitutional court has declared his petition maintainable and issued notices to the concerned parties.
Speaking to the media at the Federal Constitutional Court, Sher Afzal Marwat explained that his petition argues that Sohail Afridi’s appointment as Chief Minister and the de-notification of Ali Amin Gandapur without the formal acceptance of his resignation did not align with constitutional requirements.
He stated that the court would now decide, during the second week of October, whether Ali Amin Gandapur’s resignation was valid and if the move to de-notify him was in accordance with the Constitution.
Sher Afzal Marwat clarified that if his petition is upheld, it would not result in Sohail Afridi’s disqualification; rather, the court would examine the constitutional status of Ali Amin Gandapur’s resignation. According to him, in such a scenario, Gandapur and his cabinet could potentially be reinstated.
He mentioned that he cited a past Supreme Court ruling in court, which established a legal principle regarding the role of a disqualified individual in state affairs.
According to Sher Afzal Marwat, the current legal position cannot be ignored, and the law must be acknowledged until the relevant judicial rulings are altered.
Speaking to the media, when asked whether he considered the disqualification of the PTI founder to be valid, Sher Afzal Marwat stated that he had not argued in court that a disqualified person cannot run a government. He maintained that he speaks in accordance with legal terminology and the prevailing legal position.
Sher Afzal Marwat added that he had not requested an interim order or the suspension of the Chief Minister from the court; instead, a date in the second week of October has been set for the hearing of the case. Responding to a statement made by Chief Minister Sohail Afridi regarding the long march, he noted that his petition had been filed prior to the announcement of the long march and the matter is now sub judice.
It should be noted that the Federal Constitutional Court has issued notices to Khyber Pakhtunkhwa Chief Minister Sohail Afridi, the provincial government, and other parties regarding Sher Afzal Marwat’s petition, while a notice has also been issued to the Attorney General for legal assistance. Further proceedings in the case will take place in the second week of October.
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