The Federal Constitutional Court on Thursday disposed of a petition challenging the appointment of the non-functional Khyber Pakhtunkhwa Chief Minister Sohail Afridi, declaring the KP CM appointment plea infructuous after the imposition of governor’s rule and an emergency in the province.
Governor’s rule and emergency were imposed in KP on Sunday, with the federal government citing the provincial government’s “deliberate disengagement” from the fight against terrorism. Afridi remains in preventive custody along with some cabinet members after their detention shortly after the emergency was imposed.
Why the KP CM appointment plea did not survive
Chief Justice Aminuddin Khan headed a two-judge bench also comprising Justice Ali Baqar Najafi. The court took up a petition by estranged PTI leader Sher Afzal Khan Marwat against the resignation of former KP chief minister Ali Amin Gandapur, whose departure preceded Afridi’s appointment.
At the outset of the hearing, the chief justice questioned whether the petition could still be heard given the new developments in the province, and said proceedings could not continue in light of them.
Marwat told the court he also intended to challenge the imposition of governor’s rule and the emergency, and sought a short adjournment. Justice Najafi observed that the case against the now non-functional chief minister was no longer a live issue, and that governor’s rule and the emergency were separate and independent matters.
When the petitioner pointed out that Afridi could be restored if the emergency and governor’s rule were lifted, the chief justice replied that he would then be free to file a miscellaneous application for restoration of his petition. The court observed that, at present, Afridi does not hold the office of the chief minister.
What Marwat’s petition had argued
Marwat had sought a declaration that the resignation letters submitted by Gandapur on October 8 and 11, 2025, were made under the unconstitutional dictation of a convicted and disqualified individual, and were therefore without legal effect.
The petition alleged the process of replacing Gandapur was initiated on the directives of the jailed PTI founder Imran Khan, who it claimed stood convicted and constitutionally disqualified under Articles 62 and 63. It asked the court to quash the October 15, 2025 notification installing Afridi as chief minister and to restore Gandapur.
Marwat vows to challenge the emergency next
Speaking to the media after the hearing, Marwat said he would challenge the state of emergency and governor’s rule, adding that he would have the challenge ready by the next day with all evidence compiled for legal action.
He rubbished allegations that the PTI patronised terrorism, saying the party’s leaders were elected representatives who had themselves been victims and targets of terrorism. He also offered to steer the party if the current leadership was unavailable to lead it.
The FCC’s order closes one chapter of KP’s legal battles while opening another. The joint parliamentary session has already endorsed the emergency and governor’s rule, as reported in our earlier coverage of the joint session’s endorsement of KP governor’s rule. The constitutional fight over the province’s future is far from over.
Frequently asked questions
Why did the FCC declare the KP CM appointment plea infructuous?
The court ruled the petition could not survive after the imposition of governor’s rule and an emergency in KP, which left the chief minister’s office non-functional.
Who filed the petition against Sohail Afridi’s appointment?
Estranged PTI leader Sher Afzal Khan Marwat filed the petition, challenging the resignation of former chief minister Ali Amin Gandapur and Afridi’s subsequent appointment.
What did the chief justice say about Afridi’s status?
The chief justice observed that, at present, Sohail Afridi does not hold the office of the chief minister.
Can Marwat’s petition be revived?
Yes. The court said that if Afridi is restored as chief minister in the future, Marwat is free to file a miscellaneous application for restoration of his petition.
