Islamabad: The Federal Constitutional Court (FCC) has issued notice to Khyber Pakhtunkhwa Chief Minister Sohail Afridi over a petition challenging the circumstances surrounding his appointment to the provincial office.
A three member bench headed by Chief Justice Aminuddin Khan took up the petition filed by estranged PTI leader and MNA Sher Afzal Khan Marwat, who appeared before the court in person. The court has sought Afridi’s response in the second week of October.
The FCC also summoned Attorney General Mansoor Usman Awan under Order 27 A of the Pakistan Code of Civil Procedure, which requires the attorney general to be notified when a case involves interpretation of constitutional provisions.
Marwat’s petition was filed under Article 175 E of the Constitution, which sets out the original jurisdiction of the FCC. It challenges the resignation of former KP Chief Minister Ali Amin Gandapur, submitted on October 8 and 11, 2025, and the subsequent installation of Afridi.
Marwat contends that Gandapur’s resignation was made under political directions allegedly issued by jailed PTI founder Imran Khan. The petition argues that Khan, having been convicted and constitutionally disqualified, could not lawfully exercise control over state functionaries or issue binding directives affecting provincial governance.
On that basis, Marwat has asked the court to declare Gandapur’s resignation legally ineffective and set aside subsequent actions, including the October 15, 2025 notification concerning Afridi’s installation and continuation as chief minister.
He has also requested the restoration of Gandapur as chief minister and sought an order preventing respondents from acting on political or constitutional directives allegedly issued by disqualified or de recognised political entities in relation to KP’s government.
The petition argues that the matter concerns wider constitutional questions, including the independence of elected offices, the limits on political influence over state institutions and the protection of constitutional governance.
Marwat has further argued that if a chief minister’s resignation is not voluntary or constitutionally valid, the governor should not accept it.
The court’s notice does not determine the merits of the petition. The case will now return before the FCC in October, when the respondents are expected to present their positions.
