Conditions Opinion of the Electoral Commission “malicious, illegal”; request to declare it null and void
Khyber-Pakhtunkhwa Chief Minister Sohail Afridi has approached the Peshawar High Court to challenge an Election Commission of Pakistan notice alleging that it had violated the electoral code of conduct ahead of the upcoming by-elections in Haripur.
The petition, filed by lawyer Bashir Wazir, names the ECP, Provincial Election Commission, District Election Commissioner, District Monitoring Officer and contesting candidates as respondents. In his petition, the chief minister claimed that a false political complaint had already been filed against him and his party leaders had also been subjected to harassment.
He said that after taking office, he visited various regions, announced development projects of public interest and listened to local issues. Recently, he visited Hazara division, specifically Abbottabad, but the visit was wrongly linked to Haripur.
According to the petition, a statement attributed to the chief minister was exaggerated and distorted, giving the impression that he had tried to influence the electoral process, violated election rules and exerted pressure on the government machinery.
Based on this statement, the ECP issued a notice to him on November 20 and summoned him on November 21. The petition claimed that as chief minister, Afridi was required to exercise his constitutional powers. He further said that the ECP issued the notice without receiving any report from the District Surveillance Officer, which is a mandatory procedural requirement.
The petition stated that neither the DMO had submitted a report nor any candidate had filed a complaint, but the ECP had nevertheless issued a notice which, according to the petitioner, demonstrated a “dishonest intention” and an attempt to target a particular political party. Afridi asked the court to declare the ECP’s notice null and void.
ECP holds hearing on code of conduct violations
The KP CM’s defense lawyer termed the code of conduct violation notices issued by the ECP as “unwarranted”, arguing that Afridi never spoke at 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 sent to Afridi on Thursday regarding threats and alleged 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 contest; however, their legal representatives were present. Lawyer Ali Bukhari, representing Afridi, argued that the notifications were unwarranted.
“The chief minister addressed the rallies at Chamba and Haveliyan, which are on the border of the constituency,” the ECP secretary said. The commission also pointed out that candidates from NA-18 Haripur, including Shahrnaz Omar Ayub, bear the responsibility for code violations within their constituencies. “The KP chief minister intimidated the election staff. The constituency candidate Shehrnaz Omar Ayub is also responsible,” the ECP secretary added.
The defense lawyer argued that the chief minister had addressed a meeting in Abbottabad and not Haripur. “Is this opinion against Sohail Afridi founded? » asked Bukhari. “It is a fact that the chief minister addressed the gathering at Haveliyaan,” the commissioner said.
Bukhari argued that members of the Pakistan Muslim League-Nawaz had also violated the code of conduct. “The Punjab CM has provided Rs 3 billion for a hospital in neighboring Haripur constituency,” Bukhari said. “Isn’t that 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 any action that may intimidate voters or election officials.
