PESHAWAR: Jamiat Ulema-i-Islam-Fazl leader MPA Maulana Lutfur Rehman on Tuesday challenged in Peshawar High Court the election of Sohail Khan Afridi as Khyber Pakhtunkhwa chief minister, stating that the office was not vacant at the time of his election.

Lutfur Rehman filed a petition, seeking declaration of the high court that the impugned election of Mr Afridi on Oct 13 was unlawful, arbitrary and without jurisdiction and therefore liable to be set aside as the resignation of the outgoing chief minister Ali Amin Gandapur remained undetermined under Article 130 (8) of the Constitution.

He requested the court to declare that no lawful vacancy had arisen in the office of the chief minister under Article 130 (8) of the Constitution until the governor duly verified and acknowledged receipt of the resignation tendered by Mr Gandapur.

The petitioner requested the court to set aside the election and declare all consequential notifications and actions, including the impugned notification, as illegal and without jurisdiction.

Lutfur Rehman says the post is not vacant till verification of Gandapur’s resignation

Moreover, the petitioner also sought directives for KP governor to act in accordance with Article 130 (8) of the Constitution by verifying, recording and communicating the receipt of resignation tendered by Mr Gandapur. He also sought directives of the court that a fresh election for the office of chief minister should be conducted strictly in accordance with the Constitution and assembly rules after lawful confirmation of vacancy.

He has sought interim relief, requesting the court to suspend the impugned election till final decision on the petition. The petition was filed through Barrister M Yaseen Raza Khan.

A bench consisting of Justice Syed Arshad Ali and Justice Wiqar Ahmad took up for hearing the petition the same day, but as the counsel was engaged before another bench, the hearing was adjourned to today (Wednesday).

The respondents in the petition are KP government through its chief secretary, KP governor through his principal secretary, KP Assembly through its speaker, secretary of the assembly, Mr Gandapur and Mr Afridi.

The petitioner stated that on Oct 8, Mr Gandapur tendered his resignation as chief minister in writing under his hand, addressed to the governor in terms of Article 130 (8) of the Constitution.

He said that the resignation, though typed, bore Mr Gandapur’s handwritten signature and date, manifesting his intention to relinquish the office of chief minister in compliance with the directives of his party leader, Imran Khan.

The petitioner stated that the governor upon being informed of the said resignation, publicly stated that he had not yet received it and that it might have been delayed or misplaced in administrative transmission. He said that the situation created uncertainty regarding the status of the resignation and its receipt.

He said that on Oct 12 certain MPAs belonging to PTI, including the speaker, publicly announced their intention to proceed with the election of a new chief minister under Article 130 (3) and (4) of the Constitution notwithstanding that the governor was yet to formally acknowledge receipt of the resignation.

The petitioner stated that during the late hours on Oct 12, the governor through his letter acknowledged receipt of two communications on Oct 8 and Oct 11, concerning the resignation of Mr Gandapur and advised him to visit Governor’s House on Oct 15 so that authenticity of the alleged resignations could be verified.

However, he said that in utter disregard to the Constitution, the speaker and other respondents proceeded to unlawfully, arbitrarily and without any lawful jurisdiction conduct election for the office of chief minister and illegally declared Mr Afridi the new chief minister through a summary on Oct 13.

He contended that the act of verification by the governor did not diminish the constitutional significance of the resignation rather underscored the necessity of conclusively determining its validity and receipt in accordance with law.

Until such verification was complete, he said, the office of chief minister continued to subsist in law, and no constitutional vacancy could be deemed to have arisen.

Published in Dawn, October 15th, 2025