PESHAWAR: The Peshawar High Court (PHC) on Tuesday reserved its verdict on petitions filed by Khyber Pakhtunkhwa Chief Minister Mohammad Sohail Afridi and PTI-backed by-election candidate Shehrnaz Omar Ayub, who have challenged the legality of notices issued to them by the Election Commission of Pakistan (ECP) for alleged violations of the election code of conduct.
A two-member bench comprising Justice Syed Arshad Ali and Justice Wigar Ahmad heard extensive arguments from the counsel for both petitioners and representatives from the ECP.
In his petition, CM Afridi specifically challenged the ECP notice served to him on November 20. The commission accused him of delivering a “provocative speech against government functionaries” during a campaign rally in NA-38, Haripur. The ECP maintained that the chief minister’s speech was contrary to its code of conduct for the by-polls, which were held on November 23.
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Mr. Afridi pleaded with the high court to declare the November 20 notice “illegal and without lawful authority.” He also sought a court order to restrain the respondents, including the ECP secretary, the provincial election commissioner, and the relevant returning officers, from taking any adverse action against him based on the impugned notice.
His counsel, Advocate Bashir Wazar, argued vehemently that the notice was “wholly illegal” and a violation of fundamental rights guaranteed under Articles 9, 14, and 25 of the Constitution. He stated the notice was based on hearsay and issued without the ECP properly exercising its powers.
The Court’s Observations
During the hearing, the bench engaged in a substantive discussion. Justice Wigar Ahmad observed that, so far, no definitive action had been taken by the ECP against the petitioners. The bench also questioned whether it would have been more appropriate for the petitioners to approach the court only after a concrete negative action was taken.
The ECP’s representative defended the commission’s mandate, stating that its Director Law is fully empowered under Section 234 of the Elections Act, 2017 to take notice of any breach of the election code of conduct. He emphasized that threatening ECP personnel also constitutes a serious violation of the code.
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The Candidate’s Defense
In the case of candidate Shehrnaz Omar Ayub, Advocate Watar argued that his client was the PTI-backed candidate for the by-poll but had “neither attended nor addressed” the public meeting in question. He contended that the notice issued to her on November 20 was baseless and should be set aside.
When the bench questioned why a notice was issued to her if she delivered no speech, the ECP official clarified that the notice was an opportunity for her to explain her position before the commission, and no punitive action had been taken against her yet.
Following these arguments, the PHC bench reserved its order on both petitions.
