KP CM Sohail Afridi’s election challenged in Federal Constitutional Court

A petition seeking to declare the election of Khyber Pakhtunkhwa Chief Minister Sohail Afridi null and void has been admitted for hearing.

According to details, the Federal Constitutional Court heard a petition challenging the election of KP Chief Minister Sohail Afridi.

During the hearing, Justice Aamir Farooq asked what the key constitutional point in the case was. In response, petitioner’s counsel Sher Afzal Marwat argued that former Chief Minister Ali Amin Gandapur had not resigned voluntarily, but had done so on the instructions of PTI founder Imran Khan.

Marwat maintained that the Constitution envisages that a public office-holder can resign only voluntarily.

He argued that Gandapur had clearly stated in his resignation letter that he was stepping down on the instructions of the PTI founder. He further claimed that the governor had not accepted Gandapur’s resignation, whereas the governor’s approval was necessary to de-notify the chief minister.

During the hearing, Justice Ali Baqar Najafi observed that another resignation had been submitted two days later. Marwat responded that the second resignation may also not have been accepted.

Referring to the Nawaz Sharif party presidency case, Marwat said the Supreme Court had previously held that a disqualified person could not run the state through a proxy.

He argued that when the PTI founder instructed Gandapur to resign, Imran Khan was disqualified, and that running a government or the state through a proxy amounted to undermining the Constitution.

The Federal Constitutional Court subsequently admitted the petition challenging Sohail Afridi’s election for regular hearing and issued notices to the provincial government, Chief Minister Sohail Afridi, and the Attorney General for Pakistan to assist the court on legal matters.

The hearing was adjourned until the second week of October.

It may be recalled that Sher Afzal Marwat has constitutionally challenged the resignation of Ali Amin Gandapur and the subsequent election of the chief minister, arguing that the process was carried out on the instructions of Imran Khan.

The case concerning Sohail Afridi’s election comes as the Pakistan Tehreek-e-Insaf (PTI) has announced a protest and march towards Islamabad on September 27.