ISLAMABAD: The Federal Constitutional Court (FCC) has admitted for hearing a petition seeking to declare the election of Khyber Pakhtunkhwa Chief Minister Sohail Afridi null and void.
The court issued notices to the KP government and Chief Minister Sohail Afridi, while the Attorney General for Pakistan was also issued a notice to assist the court in the case.
During the hearing, Justice Aamir Farooq asked the petitioner’s counsel, Sher Afzal Marwat, what constitutional question arose in the case.
Marwat argued that former KP Chief Minister Ali Amin Gandapur had not resigned voluntarily, but had submitted his resignation on the instructions of PTI founder Imran Khan.
He maintained that the Constitution envisages that a public office-holder can resign only voluntarily. According to Marwat, Gandapur had mentioned in his resignation letter that he was stepping down on the instructions of the PTI founder.
Marwat further argued that the governor had not accepted Gandapur’s resignation and that the governor’s acceptance was necessary for the chief minister to be formally de-notified.
During the proceedings, Justice Ali Baqar Najafi observed that another resignation had been submitted two days later. Marwat responded that the second resignation may also not have been accepted.
Referring to the Supreme Court’s judgment in the Nawaz Sharif party presidency case, Marwat argued that the apex court had held that a disqualified person could not run the state through a proxy.
He contended that Imran Khan was disqualified when he instructed Gandapur to resign, adding that running the state through a proxy amounted to undermining the Constitution.
The Federal Constitutional Court subsequently admitted the petition for regular hearing and issued notices to the KP government, Sohail Afridi and the Attorney General for Pakistan.
Further proceedings in the case have been adjourned until the second week of October.
