PESHAWAR: Jamiat Ulema-e-Islam-Fazl (JUI-F) leader Maulana Lutfur Rehman on Tuesday filed a petition in the Peshawar High Court (PHC), seeking to nullify the election of Sohail Afridi as Khyber Pakhtunkhwa chief minister.
Rehman asked the court to set aside the election and declare it “ab initio void”, calling the process “unlawful, arbitrary, and without jurisdiction.”
Election Held Amid Gandapur’s Unresolved Resignation
The chief ministerial election took place amid uncertainty over Ali Amin Gandapur’s resignation, which had not been formally accepted.
Rehman, who was among the four candidates, contested against Sardar Shah Jehan Yousaf of PML-N, Arbab Zarak Khan of PPP, and PTI’s Sohail Afridi. Afridi won after the opposition boycotted the voting session.
The petition named six respondents, including the KP government, Governor Faisal Karim Kundi, Assembly Speaker Babar Saleem Swati, the Assembly secretary, former CM Gandapur, and CM-elect Afridi.
Rehman Cites Constitutional Violation
Rehman argued that an election cannot be held unless the CM’s seat is vacant under Article 130(8) of the Constitution.
He maintained that Gandapur’s resignation was not verified, therefore the office was not legally vacant at the time of voting.
Article 130(8) states: “The Chief Minister may, by writing under his hand addressed to the governor, resign his office.”
While PTI contends that the governor’s acceptance is unnecessary, Rehman insists the resignation must be lawfully received and confirmed before a new CM is elected.
Court Asked to Suspend CM Election Result
Rehman urged the PHC to declare all assembly actions and notifications related to the CM election unlawful and void.
He also requested the court to halt further proceedings until Gandapur’s resignation is legally verified by the governor.
The petition further called for a fresh election to be held after lawful confirmation of vacancy in the CM office.
Rehman Reaffirms Opposition’s Stance
Speaking to reporters outside the court, Maulana Lutfur Rehman reiterated that the seat was not vacant at the time of the election.
“We said this yesterday as well — the resignation has not been accepted,” he stated. “Until the seat becomes vacant, the election cannot be held.”
He noted that the governor has summoned Gandapur on October 15 to verify his resignation.
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