The Federal Constitutional Court (FCC) has admitted a petition challenging the election of Sohail Afridi as Khyber Pakhtunkhwa chief minister. The court issued notices to the KP government and Chief Minister Sohail Afridi. It also sought assistance from the Attorney General in the case.
During Monday’s hearing, Justice Aamer Farooq questioned the constitutional basis of the petition.
Lawyer Challenges Gandapur’s Resignation
Petitioner’s lawyer Sher Afzal Marwat argued that former KP chief minister Ali Amin Gandapur did not resign voluntarily.
“Ali Amin Gandapur didn’t resign voluntarily,” Marwat said.
He argued that the Constitution requires a public office holder to resign voluntarily. However, Gandapur reportedly stated that he resigned following instructions from PTI founder Imran Khan.
Marwat further claimed that the KP governor did not approve Gandapur’s resignation.
Justice Ali Baqar Najafi also raised questions about the resignation process.
“After two days’ another resignation was submitted, perhaps the second resignation was also not approved,” Justice Najafi observed.
Marwat maintained that the governor’s approval remains necessary for a resignation to take effect. Therefore, he argued that Gandapur could not have been de-notified as chief minister without that approval.
Petition Cites Supreme Court Verdict
The lawyer also referred to a Supreme Court verdict concerning Nawaz Sharif’s party presidency.
According to Marwat, the court had previously ruled that an ineligible person could not effectively run a political organisation through another individual.
“The supreme court had declared that an ineligible individual could not run the state by proxy”.
Marwat argued that PTI founder Imran Khan was already disqualified when he allegedly directed Gandapur to resign.
“When the PTI’s founder directed for the chief minister’s resignation, he was also disqualified,” Marwat argued.
“Running the state by proxy is equal to sabotage the constitution”, he added.
The FCC will now consider the constitutional questions raised in the petition after receiving responses from the respondents and assistance from the Attorney General.
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