Chief Minister Khyber Pakhtunkhwa Oath Case, Peshawar High Court Reserves Judgment

The Peshawar High Court has reserved its decision after concluding a hearing on a petition filed by Pakistan Tehreek-e-Insaf (PTI) against the newly elected Chief Minister Sohail Afridi for not taking oath. During the court hearing, tough questions and answers were exchanged. The petition from the Pakistan Tehreek-e-Insaf took the position that the Governor of Khyber Pakhtunkhwa was not fulfilling the constitutional obligation and was reluctant to take oath of the newly elected Chief Minister. The court questioned who is currently running the province?
Also read: Ali Amin Gandapur reacts to Governor Khyber Pakhtunkhwa's objection to resignation
The Chief Justice of the Peshawar High Court remarked that no approval was required under Article 255, while the Governor's counsel Amir Javed took the position that Governor Ali Amin was not satisfied with the signature of Gandapur's resignation and his legal status, so the decision was stayed. The Chief Justice asked if you can assure that Governor Khyber Pakhtunkhwa Faisal Karim Kandi will be present tomorrow and take oath from the newly elected Chief Minister? To which Aamir Javed said that tomorrow the governor will decide according to the constitution. The court inquired whether the schedule issued for the election of the Chief Minister has been challenged at any forum? To which the Governor's counsel took the position that the schedule could not be challenged due to Saturday and Sunday off. Amir Javed referred to Articles 130 (7), 48 and other provisions of the Constitution while giving arguments in the court and said that the authority of the Governor is clear in the Constitution. Read more: Confirming or denying resignation, Faisal Karim Kundi summons Chief Minister Ali Amin Gandapur on October 15
At one point during the hearing, the court suggested that if the governor is in Karachi, a helicopter be sent for him so that he can return by evening. The Chief Justice directed the Advocate General to arrange for the helicopter. PTI lawyer Salman Akram Raja told the court that Ali Amin Gandapur confessed to resigning on the assembly floor and also congratulated the newly elected chief minister. He added that Ali Amin resigned in clear and simple terms. The court has reserved the decision after hearing arguments from all parties, which will be heard in the next few days. Political and legal circles are calling this decision extremely important, as it will highlight the constitutional crisis situation in Khyber Pakhtunkhwa.