ISLAMABAD: The Federal Constitutional Court (FCC) has admitted a petition challenging the election of Khyber Pakhtunkhwa Chief Minister Sohail Afridi.
The petition seeks to declare Afridi’s election as chief minister null and void. The court has issued notices to the KP government and Chief Minister Sohail Afridi.
The Attorney General for Pakistan has also received a notice. The court asked the attorney general to assist during proceedings.
During the hearing, Justice Aamir Farooq questioned the constitutional issue involved. He asked petitioner’s counsel Sher Afzal Marwat to explain the matter.
Marwat argued that former KP Chief Minister Ali Amin Gandapur did not resign voluntarily. He claimed Gandapur submitted his resignation on the instructions of PTI founder Imran Khan.
The lawyer maintained that the Constitution requires a public office-holder to resign voluntarily. He referred to Gandapur’s resignation letter in support of his argument.
According to Marwat, Gandapur stated that he was resigning on Imran Khan’s instructions. The lawyer argued that this raised a constitutional question about the resignation.
Dispute Over Gandapur’s Resignation
Marwat further argued that the governor had not accepted Gandapur’s resignation. He said the governor’s acceptance was necessary for formal de-notification.
During the proceedings, Justice Ali Baqar Najafi noted another resignation was submitted two days later.
Marwat responded that the second resignation might also not have been accepted. He maintained that questions remained about the validity of the resignation process.
The petitioner’s counsel also referred to a Supreme Court judgment concerning Nawaz Sharif’s party presidency.
Marwat argued that the judgment established that a disqualified person could not run the state through a proxy.
He claimed Imran Khan was disqualified when he allegedly instructed Gandapur to resign. According to Marwat, this amounted to running the government through a proxy.
He argued that such an arrangement undermined constitutional principles.
Court Issues Notices
After hearing the arguments, the Federal Constitutional Court admitted the petition for regular hearing.
The court issued notices to the KP government and Sohail Afridi. It also issued a notice to the Attorney General for Pakistan.
The attorney general will assist the court as the case proceeds.
The petition directly challenges the process that led to Afridi’s election as KP chief minister. The court will examine the constitutional questions raised by the petitioner.
The case has not yet been decided. The court has only admitted the petition for further proceedings.
Further proceedings have been adjourned until the second week of October. The respondents are expected to present their positions before the court.
The case could bring further attention to the constitutional process surrounding the change of leadership in Khyber Pakhtunkhwa.
The court’s future proceedings will determine whether the petition has grounds to challenge the election.
In other news read more about FCC Issues Notice To Sohail Afridi Over Sher Afzal Marwat’s Election Challenge
For now, Sohail Afridi continues to face the legal challenge over his election as chief minister. The final outcome will depend on the court’s assessment of the constitutional arguments and relevant records.
