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PESHAWAR: The Peshawar High Court (PHC) on Wednesday dismissed a writ petition filed by Khyber Pakhtunkhwa Chief Minister Sohail Afridi challenging a notice issued by the Election Commission of Pakistan (ECP) over his alleged threatening remarks against government officials and election staff during the NA-18 Haripur by-election.
A division bench comprising Justice Syed Arshad Ali and Justice Muhammad Faheem Wali heard the petition. The chief minister was represented by a panel of lawyers, while Additional Director General Law of the ECP Khurram Zeeshan appeared on behalf of the commission.
During the hearing, the chief minister’s counsel submitted that the ECP had issued the notice to CM Afridi on November 20, 2025, alleging that he had made statements against election officials and attempted to influence the electoral
process.
The counsel argued that the speech cited by the ECP had been delivered in Havelian and not within the territorial limits of NA-18, Haripur. He said the District Monitoring Officer (DMO) had initially issued a notice under the relevant provision of the Elections Act, but the ECP subsequently initiated proceedings over the same matter.
The counsel further contended that the ECP had clubbed a private complaint with other complaints and initiated proceedings on its own. He argued that the DMO had the authority to impose a penalty and that such a decision was subsequently referred to the ECP, which was required to decide the matter within three days.
The chief minister’s lawyers argued that if the ECP was allowed to proceed with the matter, it could ultimately expose the chief minister to disqualification. The counsel also pointed out that a complaint had been lodged regarding election campaigning by Captain (retd) Safdar in the same constituency but, according to him, no inquiry or action had been taken on that complaint.
Responding to the petition, ECP Additional Director General Law Khurram Zeeshan argued that the petition was premature and not maintainable. He informed the court that a similar petition had already been dismissed by the high court on November 25, 2025. He submitted that the ECP had not taken any final action against the chief minister and that the matter was still at the preliminary inquiry stage. According to him, the commission had merely initiated the legal process and the chief minister would have an opportunity to present his defence before the commission.
Justice Arshad Ali observed that the petitioner should appear before the ECP, present his position and submit whatever response he wished to give. The judge remarked that the matter could subsequently reach the Sessions Court, whereas at the present stage only an inquiry was being conducted and no final action had been taken against the petitioner. The bench observed that there was no legal bar preventing the ECP from conducting an inquiry into the matter.
After hearing arguments from both sides, the bench dismissed Chief Minister Sohail Afridi’s writ petition challenging the ECP notice.
