PHC reserves judgment on CM petition against ECP notice
PESHAWAR (APP): The Peshawar High Court here Tuesday reserved judgment on the petition filed by Khyber Pakhtunkhwa Chief Minister Sohail Afridi against the Election Commission’s notice.
The hearing was conducted by a division bench comprising Justice Syed Arshad Ali and Justice Waqar Ahmed.
During the proceedings, the petitioner’s lawyer informed the court that the Election Commission’s notice alleged that the Chief Minister had used threatening language, whereas the public gathering in question was not held within the limits of NA-18 Havellian.
The lawyer further said that the notice also mentioned a violation of the Election Act.
The Chief Minister’s counsel read out the transcription of the speech made at the gathering and argued that Sohail Afridi had only said that action would be taken against anyone who commits rigging, and that no one was threatened.
Justice Waqar Ahmed inquired why, since the Election Commission had not taken any action so far, the Chief Minister could not simply respond to the notice and wait.
Justice Syed Arshad Ali remarked that the petitioner should approach the court only if the Election Commission takes some harsh action and should not create unnecessary problems.
The petitioner’s lawyer added that two separate proceedings were underway against the Chief Minister that is one by the District Monitoring Office and another by the Election Commission.
He argued that the district monitoring proceedings should be completed first and only then should the Election Commission proceed, as issuing the notice earlier was an overreach of authority.
The Election Commission’s representative told the court that only the Election Commission has the authority to act on violations of the code of conduct, and that notices have been issued to all candidates without discrimination.
He added that no final decision has been made yet and that the Chief Minister should trust the institutions.
Justice Syed Arshad Ali asked the representative whether the Election Commission had disqualified the Chief Minister or barred him from office so far, to which the lawyer responded that the Commission can initiate criminal proceedings at any time. After hearing the arguments, the court reserved its judgment.
