ISLAMABAD — Estranged PTI leader Sher Afzal Khan Marwat has formally approached the Federal Constitutional Court (FCC) to challenge the resignation of Ali Amin Gandapur as Chief Minister of Khyber Pakhtunkhwa (KP). Filed under Article 175(E) of the Constitution, the petition argues that Gandapur’s stepping down was executed under unconstitutional coercion from a disqualified individual, thereby rendering the resignation legally ineffective due to a lack of genuine free will. Marwat is seeking a comprehensive judicial declaration to nullify the entire political transition in Peshawar, highlighting an escalating legal battle over external dictation within provincial governance.
Sher Afzal Khan Marwat, who himself admitted in his petition that he became MNA on the platform of PTI has told FCC that the entire process of replacing CM Khyber Pakhtunkhwa was initiated on the directives of Imran Khan who convicted & disqualified under Articles 62 & 63. pic.twitter.com/kgrDsdMDC0
— Hasnaat Malik (@HasnaatMalik) May 21, 2026
Key Highlights
- Sher Afzal Marwat filed a constitutional petition in the FCC against Ali Amin Gandapur’s resignation.
- The plea argues the resignation lacked legal volition as it followed directives from a disqualified individual.
- Marwat requested the court to quash the appointment notification of current KP Chief Minister Sohail Afridi.
- The petition seeks the complete restoration of Gandapur as the legitimate provincial chief executive.
- Critical constitutional questions were raised regarding the legal limits of external political dictation.
Is the constitutional order of Khyber Pakhtunkhwa being dictated from a prison cell? MNA Sher Afzal Khan Marwat has filed a petition in the Federal Constitutional Court challenging the resignation of former CM Ali Amin Gandapur (@AliAminKhanPTI) and the appointment of Sohail… pic.twitter.com/E6lGDIpvuJ
— Umer Burney (@umer_burney) May 21, 2026
The petition takes a specific aim at the resignation letters submitted by Gandapur in October 2025, asserting they were issued solely on the orders of jailed PTI founder Imran Khan. Marwat contends that because Khan stands convicted and constitutionally disqualified under Articles 62 and 63, he is legally incapacitated from exercising control over state functionaries or issuing binding political mandates. Consequently, the lawsuit demands the cancellation of all subsequent administrative actions, including the October 15, 2025, notification that established Sohail Afridi as the current KP Chief Minister.
As an elected representative from the province, Marwat argues that subverting a provincial executive through external interference directly infringes upon the public mandate and fundamental rights guaranteed under the Constitution. The petition asks the FCC to determine whether a disqualified political entity can lawfully dismantle an elected provincial structure, arguing that a governor is constitutionally obligated to reject any resignation that is not entirely voluntary. Legal experts note that the court’s upcoming interpretation of this petition could set a major precedent regarding party discipline versus the independent authority of high constitutional offices.
