JUI-F leader files plea against KP CM election in PHC

PESHAWAR: Jamiat Ulema-e-Islam (JUI-F) leader and MPA Maulana Lutfur Rehman on Tuesday moved against the election of PTI leader Sohail Afridi as Khyber Pakhtunkhwa chief minister in the Peshawar High Court (PHC).

Lutfur Rehman, who was also the candidate for the KP CM race, requested the court to declare Afridi’s election null and void.

The petition stated that the election for the office of Chief Minister was unconstitutional and unlawful as it was conducted despite the resignation of the incumbent being pending verification before the Governor.

The petitioner sought the court to set aside the election and declare it “ab initio void” as it was “wholly unlawful, arbitrary, capricious, mala fide, without jurisdiction, coram non judice.”

JUI-F leader questioned how an election could be held if Gandapur’s resignation had not yet been accepted. Citing Article 130(8) of the Constitution, he stressed that elections for the post can not be held unless it is vacant.

The petition further requested the court to declare decisions taken by the assembly and the speaker concerning the CM appointment as without lawful authority, void, and of no legal effect.

He asked the court to halt any further proceedings in the matter until the governor had “lawfully received and verified” the resignation of Gandapur.

The petition called for a fresh election in accordance with the Constitution and the assembly rules, after lawful confirmation of vacancy.

The petitioner named six respondents, including the KP government, KP Governor Faisal Karim Kundi, the KP Assembly through its Speaker Babar Saleem Swati, the secretary of the provincial assembly, outgoing KP Chief Minister Ali Amin Gandapur, and CM-elect Sohail Afridi.