Plea filed in Pak HC against KPK chief minister election

Peshawar, Oct 14 (PTI) The JUI-F on Tuesday filed a petition in a Pakistani high court seeking to annul the recent election of Khyber Pakhtunkhwa's chief minister, and declare it "null and void".

Jailed former prime minister Imran Khan's Pakistan Tehreek-e-Insaf (PTI) candidate Sohail Afridi was elected as the new Chief Minister of Khyber Pakhtunkhwa province during an assembly session marred by the opposition’s walkout on Monday.

Afridi secured 90 votes, while rival candidates from the Jamiat Ulema-e-Islam-Fazl (JUI-F), Pakistan Muslim League-Nawaz (PML-N), and Pakistan Peoples Party (PPP) received none.

The petition was filed in the Peshawar High Court by JUI-F candidate and Member of the Provincial Assembly, Maulana Lutfur Rehman, the younger brother of JUI-F chief Maulana Fazlur Rehman.

Rehman urged the court to set aside the election, terming it “unlawful, arbitrary, and without jurisdiction.” He questioned the authenticity of election, asserting that outgoing Chief Minister Ali Amin Gandapur's resignation had not been formally accepted.

He cited Article 130(8) of the Constitution, which states that the chief minister’s office must first be vacant before a new election is conducted.

The petition requested the court to declare the assembly’s actions and notifications related to the election as “illegal and void,” and to suspend the result until the governor lawfully verifies Gandapur’s resignation. It also called for a fresh election to be held in line with constitutional and assembly rules.

Rehman said the move was necessary to “prevent chaos and ensure the rule of law.” The Khyber Pakhtunkhwa government, Governor Faisal Karim Kundi, the provincial Assembly through Speaker Babar Saleem Swati, the assembly secretary, outgoing Chief Minister Gandapur, and Chief Minister-elect Afridi have been made respondents in the petition.

Meanwhile, the PHC has scheduled a hearing on Tuesday about Afridi's oath-taking.  On Monday, PTI had petitioned the court to allow Khyber Pakhtunkhwa Assembly Speaker Swati to administer the oath instead of Governor Kundi.

PHC Chief Justice S M Attique Shah, who is presiding over the case, had earlier directed the Additional Advocate General (AAG) to confirm whether Gandapur’s resignation had been received and if the summary sent by the speaker for the oath-taking had reached the governor.

At Monday’s assembly session, Opposition Leader Dr Ibadullah said the opposition did not accept Afridi as Chief Minister, claiming there were now “two chief ministers” since Gandapur’s resignation had not yet been accepted. He added that the court would settle the “grey areas” in the law. PTI AYZ GRS GRS GRS