PHC dismisses CM Sohail Afridi’s petition challenging ECP proceedings

PESHAWAR, Oct 07 (APP): The Peshawar High Court (PHC) on Wednesday dismissed Khyber Pakhtunkhwa Chief Minister, Sohail Afridi’s petition challenging proceedings initiated by the Election Commission of Pakistan (ECP) over an alleged violation of the election code of conduct during the NA-18 Haripur by-election campaign.

A two-member bench comprising Justice Syed Arshad Ali and Justice Mohammad Faheem Wali announced the verdict after hearing arguments from both sides.

Afridi had challenged the ECP proceedings related to a public gathering held in support of Omar Ayub during the NA-18 Haripur by-election campaign. The ECP maintained that the gathering and remarks made there constituted violations of the election code of conduct.

The commission told the court that reports regarding the alleged violation had appeared on social and national media, while a citizen had also lodged a complaint with the ECP. Following the complaint, an inquiry officer was appointed and notices were issued to Afridi under the Elections Act.

During the hearing, Justice Arshad Ali asked how the ECP’s initiation of proceedings could be considered unlawful and directed the parties to present the facts of the case.

Afridi’s counsel argued that the ECP had itself levelled allegations and initiated an inquiry, contending that the complaint had been filed before the election. He maintained that the commission should have decided the matter before polling and had bypassed the inquiry officer by directly issuing notices to the CM.

The counsel also argued that Afridi had launched his campaign in response to announcements made by Captain Safdar, but the ECP had concluded proceedings against him at the first hearing.

Justice Arshad Ali questioned why Afridi’s counsel had not challenged the ECP’s action against Captain Safdar if it was considered unlawful.

The counsel further referred to an earlier high court judgment, arguing that the ECP did not have the authority to disqualify a person.

The ECP’s counsel, however, submitted that the commission had constitutional powers to ensure transparent elections and prevent unlawful activities. He said the District Monitoring Officer had powers equivalent to those of a sessions judge, while the ECP was empowered to take action to prevent violations during the electoral process.

The ECP further informed the court that no final decision had so far been taken against Afridi and that the matter was still at the inquiry stage.

The court subsequently dismissed the petition, allowing the ECP proceedings to continue.