Recent developments in Khyber Pakhtunkhwa have raised serious constitutional concerns. A situation has emerged where a session of the provincial assembly was convened and a new chief minister was purportedly elected, even though the governor has not formally accepted the resignation of the outgoing chief minister.

This has created a constitutional and political anomaly that challenges the very principles of lawful governance, continuity of office, and constitutional propriety.

Under Article 130(8) of the constitution of Pakistan, a chief minister may resign by addressing a written resignation to the governor, but such resignation does not take effect until the governor formally accepts it. Until that acceptance, the chief minister continues to occupy the constitutional office and perform his duties lawfully. Therefore, any move to elect another chief minister prior to the governor’s acceptance of the incumbent’s resignation is unconstitutional, void, and without legal effect, as the office is not yet vacant in the eyes of the constitution.

Accordingly, the summary or communication forwarded by the speaker to the governor for administering the oath to a newly 'elected' chief minister carries no legal consequence, as the process that led to such election lacks constitutional validity from the very inception.

The session of the Khyber Pakhtunkhwa Assembly convened for the election of a new chief minister was neither legal nor constitutional. Under Article 109, the authority to summon or prorogue the........

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