PESHAWAR: The Peshawar High Court has ordered officials to confirm the availability of the Khyber Pakhtunkhwa (KP) Governor for the oath-taking of the newly elected Chief Minister, Sohail Afridi.
Chief Justice S.M. Atiq Shah heard the petition related to the oath-taking of Sohail Afridi. The court issued a written order instructing the Additional Attorney General to check the Governor’s availability and report back to the court before 1 PM tomorrow.
Earlier, a petition was filed by the Speaker of the Provincial Assembly and other assembly members under Article 255. They requested the court to allow the Speaker or another person to administer the oath if the Governor is unavailable.
According to the written order, petitioner’s counsel stated that Ali Amin Gandapur had sent his resignation to the Governor. Sohail Afridi was elected Chief Minister on October 13. Opposition members also submitted their nomination papers as per the schedule.
The order noted that the election schedule was issued on October 12, and all candidates were scrutinized. The opposition leader objected to the election, but the Speaker rejected the objection and announced the ruling. However, the Governor later said he was unavailable to administer the oath.
The court stated that any further delay in the oath-taking process would affect the governance of the province. The Additional Attorney General pointed out Article 255(2), explaining that the clause cannot be applied because the Governor is in Pakistan and will be available on October 15.
The case highlights a constitutional issue regarding the oath-taking of the newly elected Chief Minister of Khyber Pakhtunkhwa.
In conclusion, the Peshawar High Court Orders KP Governor’s Availability to ensure timely completion of the oath ceremony and to avoid further administrative delay in the province.
