PHC directs Kundi to administer oath to KP CM-elect Sohail Afridi today
PESHAWAR: The Peshawar High Court (PHC) directed Khyber Pakhtunkhwa Governor Faisal Karim Kundi on Tuesday to administer the oath to Chief Minister-elect Sohail Afridi by 4pm today (Wednesday).
PHC Chief Justice (CJ) S.M. Attique Shah issued the directive, further instructing that KP Assembly Speaker Babar Saleem Swati should administer the oath if the governor did not.
The court’s decision, which was reserved earlier on Tuesday, came on a PTI application seeking the nomination of the assembly speaker or any other person “considered appropriate” in place of the governor to administer the oath to Afridi.
Afridi’s election on Monday was held amid uncertainty about the status of Ali Amin Gandapur’s resignation from the provincial chief executive’s position. The two resignations submitted to KP Governor Kundi by Gandapur — who is also from the PTI and stepped down on party founder Imran Khan’s directive — have been returned over “disparate signatures”.
But, the PTI maintains that a chief minister’s resignation does not require the governor’s approval under the Constitution. With this contention, the party elected Afridi in a session boycotted by the opposition.
The same day, in a pre-emptive move, it approached the PHC with the request pertaining to Afridi’s oath-taking.
In its written order on the application released today, the court noted that Gandapur had “unequivocally affirmed” on the floor of the provincial assembly that he had tendered his resignation on Oct 8. “In light of the certified copy of the transcript of the speech, […] it is manifest that the office of the chief minister stood vacated with effect from” Oct 8, the order stated.
It further said that consequently, a new chief minister was elected in accordance with the procedure laid down in the Constitution.
Citing Article 130(5) of the Constitution, the court observed that it required a newly elected CM to be sworn in by the governor before assuming office.
“Correspondingly, it is the constitutional obligation of the worthy governor to administer the oath of office to the newly elected chief minister without delay or obstruction.
“Certainly, upon his failure to administer oath to the newly elected chief minister within a reasonable time, it would be construed that such circumstances have arisen rendering the administering of oath to the newly [elected] chief minister impracticable in terms of Article 255 of the Constitution,” the order read.
It further stated that keeping in view the assurance given by Additional Attorney General (AAG) Sanaullah, who was representing the governor, the court expected that Kundi would fulfil his “constitutional obligations” and administer the oath to Afridi in accordance with the Constitution without further delay. “This forum further trusts that no impediment shall be caused in the administration of oath, and that the process will be completed without any further delay.” Monitoring Desk
