PESHAWAR: The Jamiat Ulema-e-Islam-Fazl (JUI-F) on Tuesday filed a petition in the Peshawar High Court challenging the recent election of Khyber Pakhtunkhwa’s new chief minister, urging the court to declare the process “null and void.”
The petition, submitted by JUI-F lawmaker Maulana Lutfur Rehman — younger brother of party chief Maulana Fazlur Rehman — contends that the election of Pakistan Tehreek-e-Insaf (PTI) candidate Sohail Afridi was “unlawful, arbitrary, and without jurisdiction.”
Afridi, backed by jailed former prime minister Imran Khan’s PTI, was elected chief minister on Monday after securing 90 votes in an assembly session that saw the opposition walk out. Rival candidates from JUI-F, Pakistan Muslim League-Nawaz (PML-N), and Pakistan Peoples Party (PPP) did not receive any votes.
Rehman’s petition argues that the election was unconstitutional because the resignation of outgoing Chief Minister Ali Amin Gandapur had not been formally accepted. Citing Article 130(8) of the Constitution, he maintained that the office of the chief minister must be vacant before a new election can legally take place.
The plea asks the court to nullify all assembly proceedings and notifications related to Afridi’s election, suspend the result until the governor properly verifies Gandapur’s resignation, and order a fresh election in accordance with constitutional and procedural requirements. Rehman said the petition aimed to “prevent chaos and uphold the rule of law.”
Respondents named in the case include the Khyber Pakhtunkhwa government, Governor Faisal Karim Kundi, Assembly Speaker Babar Saleem Swati, the assembly secretary, outgoing Chief Minister Gandapur, and Chief Minister-elect Afridi.
The Peshawar High Court has scheduled a hearing for Tuesday regarding Afridi’s oath-taking. On Monday, the PTI had filed a separate petition seeking permission for Speaker Swati to administer the oath instead of Governor Kundi.
Chief Justice S.M. Attique Shah, who is hearing the matter, had earlier directed the Additional Advocate General to confirm whether Gandapur’s resignation was received and whether the speaker’s summary for Afridi’s oath had been forwarded to the governor.
During Monday’s assembly session, Opposition Leader Dr. Ibadullah declared that the opposition did not recognize Afridi as chief minister, asserting that there were now “two chief ministers” since Gandapur’s resignation remained unaccepted. He said the court would have to clarify the “grey areas” in the law.
