Web Desk: The Peshawar High Court has rejected Khyber Pakhtunkhwa Chief Minister Sohail Afridi’s petition challenging an Election Commission of Pakistan notice linked to alleged violations of the electoral code of conduct during the NA-18 Haripur by-election.
A two-member bench comprising Justice Arshad Ali and Justice Faheem Wali announced the reserved ruling after hearing arguments from Afridi’s lawyer and representatives of the Election Commission.
During the proceedings, the Election Commission argued that Afridi’s petition was not maintainable because the proceedings against him remained at an initial inquiry stage.
The commission’s representative told the court that no final action had been taken against the chief minister and that there was no legal restriction preventing the ECP from examining the allegations.
The commission also pointed out that the high court had dismissed a similar petition on Nov. 25, 2025, and urged the court to reject Afridi’s latest challenge.
Afridi’s legal team maintained that the ECP had acted beyond its jurisdiction in issuing notices over the alleged conduct violation.
The lawyers said the chief minister had delivered the speech cited in the case outside the boundaries of the NA-18 Haripur constituency. They argued that the District Monitoring Officer had initially issued a notice under Section 234, while the ECP subsequently initiated proceedings under Section 15.
The legal team also objected to the commission combining a private complaint with its own proceedings, arguing that both the monitoring officer and the ECP had taken action over the same matter.
Justice Arshad Ali questioned the basis for stopping the election commission from conducting its inquiry, noting that the proceedings had not yet resulted in a final punitive decision.
The judge observed that the ECP could hear Afridi’s response before determining the next legal step. He also indicated that the commission could subsequently place a complaint before the relevant court if required under the law.
The bench further questioned why a political speech should be treated as an issue warranting such extensive legal intervention.
The commission maintained that the category under which it had issued the notice fell within its statutory jurisdiction.
Its representative explained that District Monitoring Officers can impose penalties under the relevant election rules, after which the ECP can review the matter within the prescribed period.
The commission therefore asked the high court to dismiss Afridi’s petition, arguing that the challenge had been filed before the proceedings reached a stage warranting judicial intervention.
After hearing the arguments, the Peshawar High Court reserved its decision and later announced its ruling, rejecting Afridi’s petition against the ECP notice.
The decision allows the election commission’s proceedings to continue in accordance with the law, while the allegations against the chief minister remain subject to the outcome of the ongoing electoral process.
Read more: Sohail Afridi’s political future at stake as PHC set to decides fate of ECP stay
