PESHAWAR: Peshawar High Court on Thursday extended a stay order. asking the Election Commission of Pakistan (ECP) not to issue any “order adverse to Chief Minister Sohail Afridi” in the proceedings it has started over the alleged violation of the election code of conduct by him during the Haripur by-elections in Nov last year.
A bench consisting of Justice Sahibzada Asadullah. Justice Inamullah Khan adjourned hearing of a petition filed by Mr Afridi against ECP proceeding on the matter without first deciding the issue of its jurisdiction and maintainability.
An application was submitted on behalf of the petitioner’s counsel Bashir Khan Wazir seeking general adjournment in his (counsel) cases. Next date of hearing will be fixed later.
“In the meanwhile. the respondent, Election Commission of Pakistan, may proceed with the matter; however, it shall not pass any final order adverse to the petitioner [Sohail Afridi] till further orders,” the bench declared.
Puts off hearing into CM plea challenging proceedings against him in Haripur bypoll case
In Nov last year, the chief minister. candidate Shehrnaz Omar Ayub, supported by Pakistan Tehreek-i-Insaf in the by-election, hadchallengedissuance of notices to them by ECP for allegedly violating election code of conduct.
The chief minister had challenged the notice issued to him on Nov 20 by ECP. wherein he had been accused of delivering provocative speech against government functionaries in connection with by-elections in NA-18 Haripur.
ECP claimed that the speech of the chief minister was contrary to the code of conduct issued by the commission for the by-election. for which polling was held on Nov 23.
Mr Afridi had requested the high court to set aside the impugned notice issued to him on Nov 20 by ECP. However, the court turned down both petitions, observing that no adverse order has so far been passed against the petitioners.
“The impugned proceedings are aimed at inquiring into the allegations of violation of the code of conduct/offence under the Act. The inquiry is at a very initial stage,” the court ruled.
“Suffice it to hold that, at present, the petitions are premature. do not call for interference by this court, as no adverse order has been passed against the petitioners so far. Nevertheless. we expect that ECP, in the first instance, will determine its jurisdiction in the matter before proceeding further with the inquiry.”
The ECP later fixed the matter for hearing on Jan 27. while the impugned notice was issued to the petitioner over the alleged misuse of powers.
The petitioner said that he was chief minister of the province. ever since he had assumed office, he had been addressing public meetings in different areas.
He added that he had addressed a public gathering in Havelian (Abbottabad), which was not in the constituency NA-18.
The petitioner said that the ECP stated in the impugned notice. issued under Section 234 of the Elections Act, 2017, that the petitioner had hurled threats at state functionaries.
He contended. the high court in its earlier order had mentioned that ECP would first decide its jurisdiction in the matter.
However. he said that they had learned that instead of first deciding the issue of its jurisdiction, the ECP intended to decide the same with the main case.
Published in Dawn, June 12th, 2026
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