The lawyer questioned why similar actions by other office holders had not resulted in notices.
Khyber-Pakhtunkhwa Chief Minister Sohail Afridi. SCREENSHOT
ISLAMABAD:
A hearing at the Election Commission of Pakistan (ECP) on Tuesday gave rise to heated exchanges as lawyers representing Khyber-Pakhtunkhwa (KP) Chief Minister Sohail Afridi challenged the commission’s jurisdiction in a case accusing him of intimidating poll workers during the Haripur by-election.
A five-member bench headed by Chief Election Commissioner (CEC) Sikandar Sultan Raja heard petitions alleging violations of the electoral code of conduct by Afridi, with his lawyer insisting that the commission must first determine whether it had the authority to prosecute.
Afridi’s lawyer Ali Bukhari argued that the ECP could not hear the case because the District Monitoring Officer (DMO) had already issued a notice in the constituency, creating what he called an overlap in jurisdiction.
However, Sajeel Swati, lawyer for petitioner Babar Nawaz, countered that Afridi had “clearly threatened the election staff” and said the allegations required scrutiny at the commission level. He urged the judiciary to continue hearing the matter, calling Afridi’s conduct a direct attempt to interfere in the electoral process.
The proceedings followed accusations that Afridi made threatening remarks at a public rally in Abbottabad, where he warned officials of consequences for misconduct on polling day.
The ECP has previously argued that such statements endanger the safety of election officials, police and voters, and potentially constitute a violation of the code of conduct that prohibits public office holders from influencing elections.
The ECP special secretary pointed out that Article 218(3) clearly defines the constitutional powers of the commission, adding that any action against the KP chief minister would be taken in strict accordance with the law.
Bukhari questioned why similar actions by other officials had not resulted in notifications, pointing out that the Punjab chief minister had recently announced major development projects in Hasan Abdal during the pre-poll period.
The CEC responded that the commission would act “without discrimination” and said that even the prime minister would have received notice if he had made a similar speech before the vote. The court ordered Bukhari to submit a written response at the next hearing, said a maintainability order would follow, exempted Afridi from personal appearances and adjourned the proceedings until December 4. At the start of the hearing, Bukhari and the KP advocate general complained that lawyers had been mistreated at the ECP, prompting the CEC to apologize and ensure action against the responsible officers.
The case follows complaints filed by by-election candidate Babar Nawaz, who accuses Afridi of using his position to pressure the administration. His petition argues that the ECP is obliged to act against any public office holder attempting to influence an electoral race.
