K-P CM challenges ECP code of conduct notice in PHC

Khyber-Pakhtunkhwa Chief Minister Sohail Afridi has approached the Peshawar High Court to challenge a notice from the Election Commission of Pakistan alleging that it violated the election code of conduct ahead of the upcoming by-elections in Haripur.

The petition, filed through advocate Bashir Wazir, names the ECP, the provincial election commission, the district election commissioner, the district monitoring officer and contesting candidates as respondents. In the writ petition, the chief minister contended that a false, politically motivated case had previously been registered against him and that his party leaders had also been subjected to harassment.

He stated that after assuming office, he visited various areas, announced development projects in public interest and listened to local’s issues. Recently, he toured the Hazara Division, specifically Abbottabad, but the visit was incorrectly linked to Haripur.

According to the petition, a statement attributed to the chief minister was exaggerated and misrepresented, giving the impression that he attempted to influence the election process, violated election rules and exerted pressure on government machinery.

Based on the statement, the ECP issued a notice to him on November 20 and summoned him on November 21. The petition argued that as chief minister, Afridi is bound to exercise his constitutional powers. It further stated that the ECP issued the notice without receiving any report from the district monitoring officer, which is a mandatory procedural requirement.

The petition noted that neither the DMO submitted any report nor did any candidate file a complaint, yet the ECP proceeded to issue a notice, which the petitioner claimed demonstrates 'malafide intent' and an attempt to target a particular political party. Afridi requested the court to declare the ECP notice null and void.

ECP conducts hearing on code of conduct violations

Defence counsel of K-P CM called the code of conduct violation notices issued by the ECP 'unjustified', arguing that Afridi never addressed the rally in Haripur. The ECP conducted a hearing earlier on Friday to take action against public office holders for alleged violations of the election code of conduct ahead of the upcoming by-elections scheduled for November 23. A notice was issued on Thursday to Afridi regarding alleged threats and violations.

A four-member bench, headed by the chief election commissioner, conducted the hearing. Afridi, and opposition candidate from Haripur constituency, Shehrnaz Ayub did not appear; however, their legal representatives attended. Lawyer Ali Bukhari, representing Afridi, argued the notices were unjustified.

"The chief minister addressed rallies in Chamba and Haveliyan, which are at the border of the constituency," said the ECP secretary. The commission has also highlighted that candidates from NA-18 Haripur, including Shahrnaz Omar Ayub, bear responsibility for code violations within their constituencies. "The K-P chief minister intimidated election staff. The candidate from the constituency, Shehrnaz Omar Ayub, is equally responsible," the ECP secretary added.

The defence counsel argued that the chief minister had addressed a meeting in Abbottabad, not Haripur. “Does this notice against Sohail Afridi hold merit?” asked Bukhari. “It is a fact that the chief minister addressed the gathering in Haveliyaan,” said the commissioner.

Bukhari argued that members of the Pakistan Muslim League-Nawaz have also violated the code of conduct. “The Punjab CM has provided a Rs3 billion for a hospital in the adjoining constituency of Haripur,” Bukhari said. “Isn’t this a contradiction?” he questioned. The ECP, however, maintained that public office holders are prohibited from participating in election campaigns under the code of conduct and must avoid actions that could intimidate voters or election officials.