The Peshawar High Court (PHC) on Tuesday announced its reserved verdict on a petition seeking the swearing-in of Khyber Pakhtunkhwa’s newly elected Chief Minister, Sohail Afridi, directing Governor Faisal Karim Kundi to administer the oath by 4pm on October 15.

The court ruled that if the governor fails to administer the oath, the Speaker of the KP Assembly will do so instead.

The bench, headed by Chief Justice Attique Shah, observed that under the Constitution, the oath must be taken without undue delay.

The oath-taking of Chief Minister-elect Sohail Afridi had been stalled since Monday.

The PHC issued its written order in response to a petition filed by the Pakistan Tehreek-e-Insaf (PTI), which argued that the governor’s absence was leaving the province without a functioning government.

During the hearing, PTI counsel Salman Akram Raja contended that the governor was out of the province and that delaying the oath would create a constitutional vacuum.

Chief Justice Shah remarked that the governor’s clarification was necessary, but emphasised that a province could not remain without an active chief minister.

The court instructed the additional advocate-general to inform it by 1pm whether the governor was available to administer the oath.

The order stated that if the governor remained unavailable, the assembly speaker or any other authorised person should conduct the ceremony.

Earlier, KP Assembly Speaker Babar Saleem Swati had forwarded a summary to the governor, confirming Sohail Afridi’s election as chief minister with 90 votes and requesting that he be sworn in as per constitutional requirements.

However, the Governor’s House maintained that since the matter was sub judice, it would await the court’s decision.

On Monday, the KP Assembly had elected Sohail Afridi as chief minister in a session presided over by Speaker Babar Saleem Swati.

Opposition members boycotted the proceedings, terming the election unconstitutional, and staged a walkout.

Opposition Leader Dr Ibadullah announced plans to challenge the election in court, claiming it was conducted illegally.

During the court proceedings, Additional Attorney General Amir Javed, representing the governor, informed the bench that Governor Faisal Karim Kundi was in Karachi on an official visit and would return the following day.

He added that the governor would review all matters in accordance with the law upon his return.

Chief Justice Shah, however, observed that constitutionally, a chief minister ceases to hold office upon resignation, regardless of whether the governor accepts it.

Meanwhile, Governor Faisal Karim Kundi told Aaj News that he would arrive in Peshawar on Wednesday and that he would not act unconstitutionally.

He said two resignation letters from former chief minister Ali Amin Gandapur had been received, and the authenticity of each needed verification.

The court’s ruling has now cleared the way for Sohail Afridi’s oath-taking, scheduled for 4pm on Wednesday.