The Pakistan Tehreek-e-Insaf (PTI) is in a rush to elect new Chief Minister in Khyber Pakhtunkhwa without even waiting for the formal acceptance and notification of Ali Amin Gandapur’s resignation.
Such a move could trigger a constitutional crisis and block the election itself. PTI’s majority, however, wants the parliamentary party in KP to proceed with the election of Sohail Afridi as the new chief minister following Gandapur’s resignation. Most leaders appear keen to complete the transition swiftly, but several senior lawyers believe that such haste could backfire legally.
In their view, the office of the chief minister becomes vacant only when the resignation is accepted by the governor. Without such acceptance and in the absence of an official notification, the post cannot legally be declared vacant and, therefore, the election of a new chief minister would lead to legal battles.
“The cabinet stands dissolved only after the chief minister’s resignation is accepted. Until then, Ali Amin Gandapur remains the constitutional holder of the office,” a senior legal expert said.
It was discussed even within the PTI that in the past, resignations of PTI parliamentarians were not readily accepted, forcing the party to seek judicial intervention. They warned that ignoring codal formalities this time would not only invite legal challenges but might also delay or completely block Sohail Afridi’s election as CM.
“It seems someone within the PTI is playing a game to block the election of the new chief minister,” remarked a senior PTI leader, hinting at possible internal manoeuvring.
Party sources confirmed that the PTI intends to hold the election “as soon as possible,” even though the Governor’s House has not yet accepted Gandapur’s resignation.
Legal experts maintain that proceeding without this crucial step would render the entire process legally flawed. “Any election held in such circumstances will be invalid in the eyes of law,” it is even apprehended within the party.
With divisions deepening inside the PTI and the legal ambiguity widening, the hasty move to replace Gandapur risks pushing Khyber Pakhtunkhwa into another phase of political and constitutional uncertainty.
Originally published in The News
