Retired Justice Arshad Hussain Shah was appointed as the caretaker chief minister of Khyber Pakhtunkhwa after ex-CM Azam Khan passed away. Mahmood Khan and opposition leader Akram Khan Durrani agreed on Shah’s name, which will now be sent to the governor for approval. Legal confusion has arisen about the procedure for appointing a new caretaker chief minister after the death of the incumbent. Some legal minds believe Senate or the Election Commission of Pakistan should decide, while others argue for the adoption of the same mechanism as provided in articles 224 and 224-A of the Constitution. The situation is complicated by the former CM leaving the ruling party. The Constitution does not place a bar on consulting a CM not commanding the majority in the dissolved assembly. The legal community is divided on the course of action, with some calling it a constitutional crisis and predicting that courts will have to interpret the provisions. Caretaker Information Minister Murtaza Solangi has stated that after the caretaker CM’s demise, the governor, chief secretary, and the provincial government shall perform their duties accordingly.
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