A fresh controversy has emerged on the political and constitutional front in Islamabad as disgruntled PTI leader Sher Afzal Khan Marwat has challenged the recent changes in the Khyber Pakhtunkhwa government in court.
Marwat has approached the Federal Constitutional Court (FCC) seeking to declare the resignation of former Chief Minister Ali Amin Gandapur unconstitutional. The petition has maintained that the resignation was given under the alleged instructions of a person who is constitutionally incompetent and convicted.
The petition states that the change of government in Khyber Pakhtunkhwa was carried out under the instructions of PTI founder Imran Khan, even though he is allegedly considered incompetent under Articles 62 and 63 of the Constitution; hence, his political instructions have no legal standing.
The petitioner has taken the position that the resignations given on October 8 and 11, 2025, were not constitutionally valid because they were given under alleged pressure rather than free consent. The court has been requested to declare these resignations null and void.
It has further been said that the notification issued on October 15, 2025, under which Sohail Afridi was appointed as the new Chief Minister should also be cancelled.
The petition has also asked the court to reinstate Ali Amin Gandapur as the chief minister because his resignation was not legally effective. It has also been taken the position that running the provincial government on the instructions of any incompetent person or unrecognised political entity is a violation of the constitution.
The petitioner, citing various articles 2A, 4, 5, 17, 25 and 130 of the Constitution, said in his arguments that protecting the public mandate is the fundamental responsibility of the state and changing the government under any external pressure is tantamount to violating the people’s right to vote.
It was further said that if the decisions of a provincial government are made on external or unconstitutional instructions, it not only weakens the administrative structure but also affects public confidence.
According to political observers, this case could start a new legal and political war in the politics of Khyber Pakhtunkhwa, the effects of which will not be limited to the province but may also have an impact on federal politics.
Meanwhile, legal experts say that this case raises important questions such as constitutional powers, legality of resignations and influence of leadership in political parties, on which the interpretation of the court could determine the course of future politics.
All eyes are currently focused on the Federal Constitutional Court’s initial ruling, which will determine the direction of this political crisis.
