Counsel questioned why similar actions by other officeholders had not led to notices
Khyber-Pakhtunkhwa Chief Minister Sohail Afridi. SCREENGRAB
ISLAMABAD:
A hearing at the Election Commission of Pakistan (ECP) on Tuesday saw heated exchanges as lawyers representing Khyber-Pakhtunkhwa (K-P) Chief Minister Sohail Afridi challenged the commission’s jurisdiction in a case accusing him of intimidating election staff during the Haripur by-election.
A five-member bench headed by Chief Election Commissioner (CEC) Sikandar Sultan Raja heard petitions alleging violations of the electoral code of conduct by Afridi, with his counsel insisting that the commission must first determine whether it had the authority to proceed.
Afridi’s counsel, Ali Bukhari, argued that the ECP could not hear the matter because the District Monitoring Officer (DMO) had already issued a notice in the constituency, creating what he said was an overlap of jurisdiction.
However, Sajeel Swati, counsel for petitioner Babar Nawaz, countered that Afridi had “clearly threatened election staff” and said the allegations demanded scrutiny at the commission level. He urged the bench to continue hearing the case, describing Afridi’s conduct as a direct attempt to interfere in the electoral process.
The proceedings stem from accusations that Afridi issued threatening remarks during a public rally in Abbottabad, where he allegedly warned officials of consequences if misconduct occurred on polling day.
The ECP has previously maintained that such statements risked the safety of polling staff, police and voters, and potentially breached the code of conduct that bars public officeholders from influencing elections.
The ECP’s special secretary underscored that Article 218(3) clearly outlines the commission’s constitutional powers, adding that any action against the K-P chief minister would be taken strictly in accordance with the law.
Bukhari questioned why similar actions by other officeholders had not led to notices, pointing out that the Punjab chief minister had recently announced major development projects in Hasan Abdal during the pre-poll period.
The CEC responded that the commission would act “without discrimination” and said even the prime minister would have been issued a notice had he delivered a similar address before polling. The bench directed Bukhari to submit a written reply at the next hearing, said an order on maintainability would follow, exempted Afridi from personal appearances, and adjourned proceedings until December 4. At the outset of the hearing, Bukhari and the K-P advocate general complained that lawyers were mistreated at the ECP, prompting the CEC to apologise and assure action against the responsible officers.
The case originates from complaints filed by by-election candidate Babar Nawaz, who accuses Afridi of using his position to pressure the administration. His petition argues that the ECP is obligated to act against any public officeholder attempting to influence an electoral contest.
