ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) lawmaker Sher Afzal Marwat has said that former prime minister Imran Khan has been disqualified and therefore cannot choose a chief minister.
Marwat made the remarks during a Supreme Court hearing of a case challenging the eligibility of Khyber Pakhtunkhwa Chief Minister Sohail Afridi.
A three-member Supreme Court bench headed by Justice Aminuddin Khan heard the case. Marwat appeared before the court as the petitioner and questioned what constitutional issue was involved in the case, saying political activity was taking place around the matter.
Marwat argued that Sohail Afridi was made chief minister through an unconstitutional process.
He said Ali Amin Gandapur was removed from the chief minister’s office in violation of Article 130(8) of the Constitution, arguing that Gandapur did not resign voluntarily.
According to Marwat, a public office holder cannot be forced to resign under the Constitution. He also claimed that the governor had initially not accepted Gandapur’s resignation and that a second handwritten resignation was later submitted.
Marwat further argued that the constitutional procedure for removing a chief minister was not followed and referred to a Supreme Court judgment on the matter.
He said Imran Khan was currently serving a sentence and had been disqualified. According to Marwat, a disqualified party leader could not choose a chief minister.
Marwat claimed that Ali Amin Gandapur had resigned on Imran Khan’s instructions and argued that Gandapur had still not been formally de-notified.
“The constitutional procedure must be followed; otherwise, the appointment would be invalid,” Marwat said.
He further stated that Imran Khan did not meet the requirements of Articles 62 and 63 of the Constitution and had been disqualified under those provisions.
The Supreme Court subsequently issued notices to the parties involved and Attorney General for Pakistan Mansoor Usman Awan in the case concerning the disqualification of KP Chief Minister Sohail Afridi.
The court adjourned further proceedings until the second week of October.
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