September 14, 2026
By Hashir Ahsan
ISLAMABAD
A three-member bench of the Federal Constitutional Court (FCC) comprising judges Aamer Farooq, Ali Baqir Najfi and headed by Chief Justice Aminuddin has accepted the case challenging Sohail Afridi’s election. During the hearing, petitioner Sher Afzal Marwat said that Gandapur had not resigned voluntarily from the CM office, but that the resignation was taken forcibly from him at the behest of the incarcerated PTI founder, Imran Khan.
The court issued notices to the provincial government and Sohail Afridi. The court also issued a notice to the Attorney General for assistance. Further hearing of the case was adjourned until the second week of October. The petition against Sohail Afridi has been filed by Sher Afzal Marwat. The petition also requests the reinstatement of Ali Amin Gandapur as Chief Minister.
Disqualification means no role
According to a decision by the Supreme Court, a person disqualified in elections has no role to play. Justice Aamer Farooq questioned the constitutional point in this case. Sher Afzal said it is the intent of the Constitution that a public office holder can only resign voluntarily. He said that Ali Amin Gandapur had written that he was resigning on the direction of the PTI founder, however the Governor had not accepted Ali Amin Gandapur’s resignation.
Justice Ali Baqir Najfi remarked that another resignation was tendered two days later, and the second resignation was also perhaps not accepted. Sher Afzal remarked that it is necessary for the Governor to accept the resignation so that the CM can be de-notified.
Referring to the Supreme Court’s decision in the Nawaz Sharif party presidency case, Marwat said that the Supreme Court had ruled that a disqualified person cannot run the state through a proxy; when the PTI founder gave directions for the resignation, he was disqualified. He said that running the state through a proxy is tantamount to sabotaging the Constitution.
Petition
The constitutional petition was filed by Sher Afzal Marwat who is a Member of the National Assembly and Supreme Court advocate under Article 175E(3) of the Constitution in the Federal Constitutional Court of Pakistan, Islamabad. The petition impleads the Government of Khyber Pakhtunkhwa, the Governor of Khyber Pakhtunkhwa, former Chief Minister Ali Amin Khan Gandapur, current Chief Minister Sohail Afridi, the Federation of Pakistan, Pakistan Tehreek-e-Insaf’s de facto Secretary General Salman Akram Raja, and the Provincial Assembly of Khyber Pakhtunkhwa as respondents.
According to the petition, he is an elected Member of the National Assembly from NA-41 Lakki Marwat, having won on the PTI platform. Following the 2024 general elections, Ali Amin Khan Gandapur had assumed the office of Chief Minister of Khyber Pakhtunkhwa.
The petition contends that on October 8, 2025, Salman Akram Raja announced on media and social media that PTI founder Imran Ahmad Khan Niazi issued instructions from jail directing that Ali Amin Gandapur be removed from the post of Chief Minister and Sohail Afridi be elected as the new Chief Minister.
Under this pressure and unconstitutional direction, Ali Amin Gandapur signed the resignation on October 8, 2025. However, the Governor of Khyber Pakhtunkhwa expressed reservations about the legal status of the resignation and did not formally accept it, after which Ali Amin Gandapur submitted a second written resignation on October 11, 2025.
The petition further states that on the order of the Peshawar High Court, a session of the Provincial Assembly was convened, and through a notification dated October 15, 2025, Sohail Afridi was appointed as the new Chief Minister, while through a notification dated October 14, 2025, Ali Amin Gandapur was de-notified.
The petitioner maintains that this entire process is unconstitutional, null and void, and the result of external pressure.
According to the legal points raised in the petition: Can a resignation from a constitutional office be considered voluntary and legal if tendered on the instructions of a third party? Can a convicted and disqualified person under Articles 62 and 63 of the Constitution issue legal instructions to influence the affairs or changes in a provincial government? Do political instructions given by a disqualified person or an unregistered political party hold legal and constitutional standing? Does the Governor possess the authority to reject a resignation that was not given out of free will? In light of previous Supreme Court judgments (Federation of Pakistan v. Aitzaz Ahsan, Syed Yousaf Raza Gillani v. Assistant Registrar, Imran Khan v. Nawaz Sharif, and the Watan Party case), a resignation taken under force or pressure is legally null and void.
The petitioner prayed to court that Ali Amin Gandapur’s resignations of October 8, 2025, and October 11, 2025, be declared unconstitutional, the result of pressure, and void ab initio. That the notification dated October 14, 2025 (by which Ali Amin Gandapur was de-notified) and the notification dated October 15, 2025 (by which Sohail Afridi was appointed as Chief Minister) be declared illegal and null and void. That Ali Amin Gandapur be reinstated to the office of Chief Minister of Khyber Pakhtunkhwa and all subsequent actions be set aside. That all respondents be restrained from acting on the instructions of any disqualified person or unregistered party.