ISLAMABAD: A Pakistani high court on Tuesday directed Khyber Pakhtunkhwa (KP) Assembly Speaker Babar Saleem Swati to administer the oath of office to Chief Minister-elect Sohail Khan Afridi if Governor Faisal Karim Kundi fails to do so by 4 p.m. on Oct. 15.
The development comes after incarcerated former prime minister Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party petitioned the Peshawar High Court (PHC) on Monday to nominate Swati or another person to administer the oath after Afridi secured a majority in the provincial assembly.
Afridi’s election took place amid uncertainty triggered by Kundi’s refusal to accept outgoing Chief Minister Ali Amin Gandapur’s resignation, which was submitted twice — on Oct. 8 and Oct. 11 — over discrepancies in his signatures.
However, the governor’s refusal to accept Gandapur’s resignation was widely viewed as political rather than procedural, aimed at stalling PTI’s smooth transition of power in the province. Kundi belongs to the Pakistan Peoples Party, which is part of the ruling coalition at the federal level, while PTI is the main opposition force at the center, with a great deal of bitterness between the two sides.
A single-judge bench headed by PHC Chief Justice S.M. Attique Shah issued the verdict on the matter after hearing the case on Tuesday.
“[I]n the event of failure of the worthy governor to administer the oath of office ... by 4 p.m. on Wednesday, Oct. 15, 2025, then, in exercise of the authority conferred in terms of Article 255(2) of the Constitution ... I, S.M. Attique Shah, CJ PHC, hereby nominate Babar Saleem Swati ... to administer the oath of office to the newly elected CM,” the chief justice said in his nine-page order.
Article 255(2) of Pakistan’s Constitution states that if a specific person is unable to administer the oath, it may be administered by another person duly nominated.
“Certainly, upon his failure to administer the oath to the newly elected chief minister within a reasonable time, it would be construed that such circumstances have arisen as to render the administering of oath to the newly elected chief minister impracticable in terms of Article 255(2) of the Constitution,” the order said.
“This forum further trusts that no impediment shall be caused in the administration of the oath, and that the process will be completed without any further delay,” it added.
Afridi was elected chief minister after Khan directed Gandapur to step down amid concerns over governance and the deteriorating security situation in KP, the province bordering Afghanistan that has faced frequent militant attacks by the Pakistani Taliban (TTP) and other groups in recent months.
Gandapur, who assumed office last year following the PTI party’s victory in the provincial elections, was regarded as one of Khan’s most loyal aides.
Afridi, a legislator from the Bara district, is expected to face major challenges, including rebuilding provincial finances and tackling cross-border militancy.
