ISLAMABAD: As Pakistan grapples with a renewed wave of terrorism spilling over from Afghan soil, Peshawar — the provincial capital bordering Afghanistan — is now confronting a fresh political and constitutional storm.
The resignation of Chief Minister Ali Amin Gandapur, the manner in which Governor Faisal Karim Kundi has handled it, and the uncertainty surrounding the election and oath of a new chief minister have thrown Khyber Pakhtunkhwa into political disarray.
Some analysts strongly believe Sohail Afridi is unlikely to emerge as chief minister, regardless of how the situation evolves. Political commentators and constitutional experts remain sharply divided over the legality of recent developments.
The crisis began on August 8 when Chief Minister Gandapur announced his resignation, posting a typed copy of the letter on social media and forwarding it to Governor Faisal Karim Kundi. The governor responded that he would consult his legal advisers before deciding whether to accept or reject the resignation.
To preempt any procedural objections, Gandapur later dispatched a handwritten version as well. Since then, the Governor has neither accepted nor rejected the resignation, leaving the province suspended in constitutional ambiguity.
The Pakistan Tehreek-e-Insaf (PTI) insists that the chief minister is not subordinate to the Governor, and that his resignation becomes effective the moment he tenders it, irrespective of formal acceptance.
On this premise, the PTI has resolved to proceed with the election of a new chief minister and has gathered its provincial assembly members at the CM House to move forward without awaiting the Governor’s decision.
Legal experts aligned with the federal government and the governor dispute this interpretation. They argue that the election of new minister cannot take place unless the governor formally accepts Gandapur’s resignation and declares the office vacant.
Should the PTI proceed regardless, a political showdown appears imminent. The ruling party’s candidate, Sohail Afridi, is expected to face off JUI’s Maulana Lutuf Rehman, who is likely to be backed by other opposition parties. Most observers agree that PTI holds the numbers to secure a win if the election is allowed to take place.
Even then, another constitutional dilemma looms: who would administer the oath? Governor Faisal Karim Kundi may refuse to do so, terming the election unconstitutional, and could recommend the imposition of Governor’s Rule in the province.
If the federal government were to act on such a request, a new question would arise around whether Governor’s Rule can be imposed without a resolution from the provincial assembly. Legally, it cannot. Yet, the government might seek validation from the superior judiciary for a 90-day period, citing the deteriorating security environment along the Afghan border. The ultimate outcome would hinge on the courts’ interpretation.
Meanwhile, the federal government could move to expedite legal proceedings related to the May 9 riots, potentially disqualifying several PTI assembly members. This would trigger by-elections for 20 to 25 vacant seats, an opening that could allow opposition parties to erode PTI’s majority and pave the way for a coalition government in Khyber Pakhtunkhwa.
For now, Peshawar remains at the centre of both political intrigue and constitutional uncertainty amid a volatile mix that could reshape not only the province’s politics but also Islamabad’s uneasy balance with a restive border region.