Key Takeaways
- The Federal Constitutional Court (FCC) issued a notice to Khyber Pakhtunkhwa Chief Minister Sohail Afridi.
- A petition was filed by Sher Afzal Khan Marwat, challenging the legality of the resignation of former CM Ali Amin Gandapur.
- The petition argues that Gandapur's resignation was made under unconstitutional directives and seeks to quash Afridi's installation as CM.
The Federal Constitutional Court (FCC) has issued a notice to Khyber Pakhtunkhwa Chief Minister Sohail Afridi following a petition filed by estranged PTI leader Sher Afzal Khan Marwat. The petition challenges the legality of the resignation of former CM Ali Amin Gandapur.
The petition, heard by a three-member bench headed by Chief Justice Aminuddin Khan, argues that Gandapur's resignation was made under the unconstitutional directives of PTI founder Imran Khan, who is currently jailed and constitutionally disqualified.
Marwat, in person, argued that Gandapur's resignation was not voluntary and that the Constitution requires a public office-holder to resign only voluntarily. He further maintained that the governor's acceptance of the resignation was necessary for it to be legally effective.
Justice Farooq asked Marwat what constitutional question arose in the case. Marwat responded that Gandapur had submitted his resignation on the instructions of the PTI founder, and that the Constitution does not allow a disqualified person to run the state through a proxy.
Justice Najafi observed that another resignation had been submitted two days later. Marwat responded that this second resignation may also not have been accepted. He argued that running the state through a proxy amounted to undermining the Constitution.
The bench described the case as involving the fundamental interpretation of constitutional provisions and issued notices to the KP CM and the Attorney General. The case was adjourned until the second week of October 2026.
The petition requested the FCC to quash and set aside all consequential actions, including the Oct 15, 2025 notification regarding the installation and continuation of Afridi as the chief minister. It further requested the court to restore Gandapur as the CM, declaring his resignation invalid and his de-notification legally ineffective.
The petition also sought to restrain all respondents from acting on any political or constitutional directives issued by any disqualified or de-recognised political entity regarding KP's governance.
