By: Kamran Ali Shah
PESHAWAR: The Peshawar High Court (PHC) heard a petition filed by the Pakistan Tehreek-e-Insaf (PTI) seeking immediate administration of oath to the newly elected Chief Minister, Sohail Afridi, following the resignation of Ali Amin Gandapur on October 11.
The Peshawar High Court Chief Justice SM Atiq Shah presided over the hearing. He clarified that the court is examining the petition from an administrative standpoint rather than a judicial one. Prominent lawyer Salman Akram Raja argued on behalf of the PTI, emphasising that the resignation was submitted in writing and that there is no constitutional requirement for its physical acceptance by the Governor.
Raja told the court that Gandapur submitted a handwritten resignation to the Governor’s House, but the Governor raised unusual objections and left the province, stating he would return on October 15. PTI alleged this move was a deliberate attempt to delay the swearing-in of the new CM, whose election took place on October 13.
The Chief Justice questioned whether the Speaker had sent a summary for the oath to the Governor, to which Raja confirmed that the summary was dispatched, and even the Speaker was present in court. However, Additional Attorney General Sanaullah noted that it’s unclear whether the summary had actually reached the Governor.
Justice SM Atiq Shah remarked that the province cannot be left without a functioning government and stressed the urgency of resolving the issue. The court also questioned whether the constitutional provision under Article 255 could be invoked, allowing the Chief Justice to nominate someone to administer the oath in the Governor’s absence.
Raja highlighted the constitutional authority of the Chief Justice in such situations, stating, “If the Governor is not present or refuses to administer the oath, the Chief Justice can step in.”
The Chief Justice directed the Additional Attorney General to confirm whether the summary had reached the Governor’s House and obtain the Governor’s opinion. The hearing was adjourned till tomorrow, Tuesday, with instructions to present an update.
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