The Peshawar High Court, while hearing the PTI’s petition regarding the swearing-in of the newly elected Chief Minister Sohail Afridi, sought the opinion of the Khyber Pakhtunkhwa Governor by tomorrow.

According to Express News, a petition was filed in the Peshawar High Court by the Tehreek-e-Insaf for the immediate swearing-in of the newly elected Chief Minister.

Pakistan Tehreek-e-Insaf General Secretary Salman Akram Raja gave arguments on the petition and told the court that Sohail Afridi has been elected Chief Minister, after which there should not be even a minute delay in his swearing-in.

He said that the Governor is obliged to take the oath of the Chief Minister outside the province, we are applying to the court for the oath of the Chief Minister because the province cannot be left without a government for two days.

Chief Justice Peshawar High Court Justice Syed Muhammad Atiq Shah inquired during the hearing whether the Governor has accepted the resignation of Ali Amin Gandapur? To which the petitioner’s lawyer said that Chief Minister Ali Amin Gandapur resigned on October 11, which was not approved by the Governor, but there is no mention of approval in the Constitution.

He said that now the Assembly has elected a new Chief Minister. The Chief Justice said that we are not only hearing this petition from a legal perspective but are also looking at it from an administrative perspective.

To this, Salman Akram Raja said that the Constitution has given the Chief Justice the authority to nominate anyone. The Chief Justice inquired whether the election was held today? To which Salman Akram Raja said yes, it was held today.

Justice Syed Muhammad Atiq Shah asked whether the Speaker had sent a summary to the Governor? To which Salman Akram Raja said that yes, he had sent a summary. While the Chief Minister had sent a handwritten resignation to the Governor House on October 11, the Governor raised a strange objection to the resignation on October 12 and said that he was out of the province. He would return on the 15th and personally confirm it with Ali Amin Gandapur at 3 pm.

Salman Akram Raja took the stand in the court that the governor knew that the new chief minister would be elected on the 13th, he deliberately tried to delay it.

The Chief Justice inquired whether the summary sent by the Speaker to the Governor for the oath-taking had been received there. On this, Salman Akram Raja said that the Speaker himself is here, along with this, he gave further arguments and said that at present there is no government in the province, the province cannot be left like this, if the governor comes after 48 hours, then he cannot wait for it.

The Chief Justice called Additional Attorney General Sanaullah to the rostrum and sought his opinion, to which he said that the Constitution is clear that when the governor refuses to take the oath, then Article 255 will be implemented, the Speaker has sent a summary, whether this summary has reached the Governor or not is also not clear yet.

The Chief Justice of the Peshawar High Court said that the opinion of the Governor is necessary on this matter and only after that we can do something, before that a case was also filed against me on the oath of the members of the assembly on reserved seats.

Salman Akram Raja said that there is a difference between the oath of the members of the assembly and the Chief Minister. To which the Chief Justice of the Peshawar High Court said that it is Raisai Sahib’s point, the oath is an oath whether it is of the Chief Minister or the members of the assembly.

Salman Akram Raja said that the Governor is not present in the province for the oath of the new Chief Minister, the province cannot be kept without a government, the office of the Chief Minister is a constitutional office, the election of the Chief Minister was held at 12 noon and it was 5:30 pm.

The Chief Justice remarked that the Constitution says that if there is a refusal, then the Chief Justice can nominate someone. The Governor is not present in the province.

Salman Akram Raja said that the Governor says that he will return the day after tomorrow, the province cannot be kept without a Chief Minister for 48 hours. Chief Minister Ali Amin Gandapur has said in his address to the assembly that he has resigned.

The Additional Attorney General said that the old work can be done until the oath of the new Chief Minister, to which Salman Akram Raja said that it happens during the time of no-confidence. Chief Justice SM Atiq Shah said that you should confirm with the Governor House whether the summary has reached there or not.

The Chief Justice directed the Additional Attorney General to confirm the summary from the Governor House and then we will look at the matter again tomorrow after receiving its reply or opinion.

Earlier, Junaid Akbar said that taking the oath of office of the newly elected Chief Minister is the constitutional responsibility of the Governor, we have come to the Peshawar High Court to petition that the oath of office of the newly elected Chief Minister be taken, the Governor is outside the province, taking the oath of office of the newly elected Chief Minister is necessary, all the members of the assembly are united, the members were being threatened in different ways.