THE barely two-year-old Khyber Pakhtunkhwa Assembly is once again in the throes of a constitutional crisis. The controversy this time around is about who is actually at the helm of the province?

The saga began with the resignation of Ali Amin Gandapur as the chief minister, which is yet to be ‘formally accepted’ by Governor Faisal Karim Kundi. Despite this unresolved status, the provincial assembly went ahead to pick his replacement, a young lawmaker from Khyber, Sohail Afridi.

So, are there currently two chief ministers in the province, or not even one? Disparate legal opinions and the politics surrounding the CM’s election compound the matter, especially as the province is reeling from a significant rise in terrorist activities.

At the heart of the crisis is Governor Kundi, who has refused to consider Mr Gandapur’s two resignation letters delivered to him on October 8 and 11. Having sat on the letters for days, Mr Kundi has now summoned Mr Gandapur for a personal hearing to ascertain the “authenticity of alleged resignation” on October 15.

Some legal experts say Gandapur still chief executive, others insist province ‘has no chief minister’

As Mr Kundi was in Karachi, Ali Amin Gandapur responded to him on the assembly’s floor on Monday and reiterated his resignation. Subsequently, KP Speaker Babar Saleem Swati ruled that the governor was not the appointing authority, nor did he have the authority to force an unwilling chief minister to remain in office.

“I rule that pursuant to the resignation by Mr Gandapur, and election for the post of KP chief minister is being lawfully conducted on this day, October 13, 2025 in accordance with the Constitution and rules of the KP Assembly,” Mr Swati stated. This followed the election of Mr Afridi as the new chief executive of the province.

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It is likely that Mr Kundi will not administer the oath to the new CM, evident by his decision to ‘approve’ the resignation tendered by Mr Gandapur. And without the oath, Mr Afridi remains a CM-elect and out of office. However, the PTI has already approached the PHC chief justice to appoint someone to administer the oath to the CM-elect under Article 255 of the Constitution. This move is similar to the one by the opposition in KP when it had sought the PHC intervention for the oath to its lawmakers on reserved seats.

Speaking to Dawn, Shumail Ahmed Butt, a lawyer and former KP advocate general, told Dawn that there was no chief minister in KP at present. He said Mr Gandapur has resigned while his successor has not taken oath, adding that the constitutional posts cannot be assumed without taking oath.

Mr Butt said that Mr Afridi’s election was legitimate. Besides, the assembly proceedings cannot be challenged in court, he said. However, according to Mr Butt, the governor does have the power to verify the resignation. He said the PTI could approach the PHC if the governor refused to administer the oath.

Ali Gohar Durrani, a PHC lawyer, however, disagreed with his colleague. He said Mr Gandapur was still the KP CM. “As long as Mr Afridi does not take the oath of his office, Mr Gandapur will remain the chief minister,” he said. He said the CM’s election was legal and valid, as the governor did not have the power to decline the CM’s resignation. “Mr Kundi’s actions are illegal and in violation of the Constitution,” he said.

About the PTI’s move to approach the PHC, he said the ruling party had jumped the gun. “Unless the governor declines to administer the oath, the PTI cannot approach the PHC,” he said.

Amir Javed, ex-advocate general of KP, claimed that Mr Afridi’s election was illegal. “When the province has a sitting CM and his cabinet, then how can another person be elected as the CM?” Mr Javed questioned.

Zainab Shahid, however, said there was no legal provision to seek the governor’s assent for the resignation.

The lawyer told Dawn.com: “There is no legal or constitutional provision requiring the governor of KP’s assent for the former CM resignation to become effective.” “As per Article 130(8), the only requirement is that the CM resigns ‘by writing under his hand addressed to the governor’. The former CM has done so twice,” she added.

Published in Dawn, October 14th, 2025