ISLAMABAD: The Federal Constitutional Court (FCC) disposed of a petition challenging the appointment of Sohail Afridi as the Chief Minister of Khyber Pakhtunkhwa, saying that the matter has become infructuous following the imposition of a state of emergency and governor’s rule in the province.
A two-judge bench, headed by Chief Justice Amin-ud-Din Khan and comprising Justice Ali Baqar Najafi on Thursday heard a petition of disgruntled leader of Pakistan Tehreek-e-Insaf (PTI) Sher Afzal Khan Marwat.
The federal government on Sunday imposed a state of emergency and governor’s rule in the KP citing provincial government’s non-cooperation in the fight against terrorism.
At the outset of the proceeding, Justice Amin remarked could this petition regarding the KP chief minister be heard in the recent developments, adding that proceedings on the petition could not continue in light of these events.
Marwat replied he also intended to challenge the imposition of governor’s rule and the emergency, therefore needed a short adjournment in the case.
However, Justice Najafi stated that the case against the now non-functional chief minister was no longer a live issue, adding that governor’s rule and the emergency were separate and independent matters.
Marwat argued the if the Governor Rule and Emergency were lifted in the near future, then Afridi would be restored to his position. At that the chief justice observed that if the chief minister was restored in the future, the petitioner was free to file a miscellaneous application for the restoration of his petition. He said; “Presently, Sohail Afridi does not hold the office of the chief minister.”
Through his petition, Marwat had sought a declaration that the resignation letters submitted by Gandapur on Oct 8 and 11, 2025, were made under the unconstitutional dictation of a convicted and disqualified individual and therefore lacked legal volition, rendering them legally ineffective.
The petition alleged that the entire process of replacing Gandapur as the KP chief minister was initiated pursuant to directives issued by jailed PTI founder Imran Khan, who, it claimed, stood convicted and constitutionally disqualified under Articles 62 and 63 of the Constitution.
It argued that a person subject to constitutional disqualification was legally incapacitated from exercising control over state functionaries or issuing binding political directives.
The petition requested the FCC to quash and set aside all consequential actions, including the October 15, 2025, notification regarding the installation and continuation of Afridi as chief minister.
Copyright Business Recorder, 2026