PESHAWAR: The Peshawar High Court on Wednesday dismissed Khyber Pakhtunkhwa Chief Minister Sohail Afridi’s petition challenging an Election Commission notice issued against him.
A two-member bench comprising Justice Arshad Ali and Justice Faheem Wali announced the reserved verdict after hearing arguments from the chief minister’s lawyer and representatives of the Election Commission of Pakistan.
The Election Commission told the court that the petition was premature and not maintainable, arguing that no action had yet been taken against the chief minister and that the matter remained at the inquiry stage.
The commission said it had initiated proceedings after the chief minister was issued a notice on November 25, 2025. It maintained that there was no legal restriction preventing the commission from conducting an inquiry.
CM’s lawyer challenges Election Commission proceedings
The chief minister’s lawyer told the court that the notice related to a speech in which Sohail Afridi had allegedly made statements about election staff and attempted to influence the electoral process.
The lawyer argued that the chief minister had delivered the speech outside the limits of NA-18. He said the District Monitoring Officer had issued a notice under Section 234, while the Election Commission had also initiated proceedings under Section 15.
The lawyer further argued that the Election Commission had clubbed a private complaint with the matter and taken suo motu notice.
He also questioned the overlapping proceedings by the District Monitoring Officer and the Election Commission, saying both had issued notices and the DMO had also forwarded a report to the commission.
Court questions challenge to inquiry
Justice Arshad Ali observed that the Election Commission was only conducting an inquiry and had not yet taken final action against the chief minister.
“It’s an inquiry by the Election Commission, not an action,” the judge observed.
The court also noted that the Election Commission could hear the chief minister’s response before proceeding further and, if necessary, place a complaint before the relevant court.
The chief minister’s lawyer argued that the ongoing process could ultimately affect Sohail Afridi’s eligibility.
He also referred to a separate case involving Captain Safdar, claiming that a complaint had been filed over his campaign activities in the same constituency but that no inquiry or hearing had followed.
The Election Commission rejected the comparison and maintained that the notice issued to the chief minister fell within its jurisdiction.
After hearing the arguments, the court reserved its verdict and later dismissed Sohail Afridi’s petition.
