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Tuesday October 08, 2024

Plea for Gandapur’s disqualification returned on technical grounds

By Bureau report
October 08, 2024
Khyber Pakhtunkhwa Chief Minister Ali Amin Khan Gandapur gestures as he speaks at a presser in Peshawar on April 22, 2024. — X/@GovernmentKP
Khyber Pakhtunkhwa Chief Minister Ali Amin Khan Gandapur gestures as he speaks at a presser in Peshawar on April 22, 2024. — X/@GovernmentKP

PESHAWAR: The registrar of the Peshawar High Court (PHC) on Monday returned on technical grounds a petition seeking the disqualification of Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur.

The PHC registrar’s office returned the petition, filed by Advocate Syed Azizuddin Kakakhel, after raising procedural objections.

The petition had named the federal and provincial governments, the Governor of Khyber Pakhtunkhwa, and others as respondents.Kakakhel argued in the petition that Chief Minister Ali Amin Gandapur had violated the election laws and the Constitution by using government resources for political purposes.

The petition claimed that Gandapur had utilized public funds for organizing political rallies, which was prohibited for public officeholders.The petitioner raised concerns about Gandapur leading a forceful confrontation against the federal government, deeming it an alarming act. It was also argued that the chief minister had violated his oath of office, which required loyalty to the Constitution and adherence to legal frameworks.

The petition urged the court to disqualify Gandapur under Article 62 of the Constitution, citing his misuse of public resources and breach of the oath. However, the Peshawar High Court pointed out that there was a constitutional procedure in place for the removal of a chief minister, which must be followed through the provincial assembly, rendering the petition inadmissible.

Later, talking to reporters, Azizuddin Kakakhel said that he was reviewing the objections raised by the court, adding that he intended to refile the petition after addressing the legal requirements.