Seeks ECP notice record on Haripur by-poll remarks; dismisses opposition’s contempt plea as non-maintainable
Khyber-Pakhtunkhwa Chief Minister Sohail Afridi. Photo: X
PESHAWAR:
The Peshawar High Court (PHC) on Tuesday restrained the Election Commission of Pakistan (ECP) from taking any action or issuing a final order against Khyber-Pakhtunkhwa Chief Minister Sohail Afridi over an alleged violation of the election code of conduct during the Haripur by-election.
The court also dismissed a separate contempt of court petition, filed by the opposition members of the provincial assembly.
A two-member bench comprising Justice Syed Arshad Ali and Justice Faheem Wali heard a writ petition, filed by the chief minister, challenging an ECP notice issued over his remarks at a public gathering. The ECP had taken notice of the chief minister’s speech, alleging that he had threatened government officials during the by-poll campaign.
Representing the petitioner, Advocate Bashir Khan Waziri argued that the ECP had acted without lawful authority. He maintained that the speech in question was delivered outside the territorial limits of the National Assembly constituency where the by-election was underway.
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He further told the court that the chief minister was on an official provincial tour at the time, during which he was announcing new development projects for the public, and not participating in the by-poll campaign.
The counsel contended that despite earlier court directions, the ECP failed to first decide whether the complaint was maintainable before proceeding on merits. He added that the commission had issued a notice to the chief minister and initiated proceedings without clearly establishing its jurisdiction.
Justice Syed Arshad Ali questioned the petitioner’s counsel about the ECP’s decision and sought to examine the relevant record. The bench subsequently restrained the ECP from taking any further action or issuing a final decision against the chief minister and directed the commission to submit the complete record. The hearing was adjourned.
In a separate case, Chief Justice SM Atiq Shah dismissed a contempt of court petition filed by opposition members of the K-P Assembly against CM Afridi. The petitioners alleged that the chief minister had misused a previous court order and committed contempt by addressing political gatherings in Islamabad, Lahore and Karachi, and by displaying misconduct in the Punjab Assembly.
