Electoral Commission notice terms ‘malicious, illegal’; requests to declare it null and void
Khyber-Pakhtunkhwa Chief Minister Sohail Afridi approached the Peshawar High Court challenging a notification by the Election Commission of Pakistan that he alleged violated the electoral code of conduct ahead of the upcoming by-elections in Haripur.
The petition, filed through lawyer Bashir Wazir, names the ECP, provincial election commission, district election commissioner, district supervising officer and competing candidates as respondents. In the letter, the Prime Minister claimed that a false and politically motivated case had earlier been registered against him and that his party leaders had also been subjected to harassment.
He stated that after taking office he visited various areas, announced development projects of public interest and listened to local problems. 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 prime minister was exaggerated and distorted, giving the impression that he attempted to influence the electoral process, violated electoral rules and put pressure on the government machinery.
Based on the statement, the ECP sent him a notice on November 20 and summoned him on November 21. The petition argued that as prime minister, Afridi is obliged to exercise his constitutional powers. He 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 any candidate filed a complaint, however, the ECP proceeded to issue a notice which, according to the petitioner, demonstrates a “mala fide intention” and an attempt to attack a particular political party. Afridi asked the court to declare the ECP notification void.
ECP holds hearing on violations of the code of conduct
KP CM’s defense lawyer termed the code of conduct violation notices issued by the ECP as “unjustified”, arguing that Afridi never addressed the rally in Haripur. The ECP held a hearing earlier on Friday to take action against public office holders for alleged violations of the electoral code of conduct ahead of the upcoming by-elections scheduled for November 23. A notice was issued to Afridi on Thursday regarding alleged threats and violations.
A four-member tribunal, headed by the chief election commissioner, conducted the hearing. Afridi and the opposition candidate from Haripur constituency, Shehrnaz Ayub, did not appear; However, their legal representatives attended. Lawyer Ali Bukhari, representing Afridi, argued that the notices were unjustified.
“The prime minister spoke at rallies in Chamba and Haveliyan, which are on the constituency border,” the ECP secretary said. The commission also highlighted that NA-18 Haripur candidates, including Shahrnaz Omar Ayub, are responsible for code violations within their constituencies. “The KP chief minister intimidated the election staff. The constituency candidate Shehrnaz Omar Ayub is equally responsible,” the ECP secretary added.
The defense lawyer argued that the prime minister had addressed a meeting in Abbottabad, not Haripur. “Does this notice have merit against Sohail Afridi?” Bukhari asked. “It is a fact that the Prime Minister addressed the meeting at Haveliyaan,” the commissioner said.
Bukhari argued that Pakistan Muslim League-Nawaz members also violated the code of conduct. “The Punjab CM has provided Rs 3,000 crore for a hospital in the adjoining Haripur constituency,” 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.
