KP CM failed to prove his claim about ECP jurisdiction, rules high court

Peshawar High Court has dismissed Khyber Pakhtunkhwa Chief Minister Sohail Afridi's claim that Election Commission of Pakistan (ECP) does not have jurisdiction to investigate alleged election misconduct. The bench, consisting of Justices Arshad Ali and Faheem Wali, rejected Afridi's petition challenging ECP's proceedings initiated for alleged violations of the election code of conduct during by-elections in Haripur in November 2025.

The court noted that Afridi had failed to prove any lack of jurisdiction or legal infirmity warranting intervention.

The bench emphasized that ECP, as a constitutional body under Article 218(3) of the Constitution, has powers under Section 8(c) of the Elections Act, 2017 to ensure fair and just elections. They also noted that ECP is competent to regulate its own proceedings, even if it decides jurisdictional objections while addressing the main matter.

The court ruled that Afridi's contention that ECP lost jurisdiction once a district monitoring officer (DMO) took cognizance under Section 234 of the Elections Act is unfounded. They explained that the DMO's proceedings and ECP's inquiry operate in separate legal domains.

The bench clarified that the initiation of proceedings by DMO under Chapter XV of the Elections Act does not diminish ECP's statutory and constitutional jurisdiction under Chapter X and Article 218(3) of the Constitution. They stressed that both proceedings arise from distinct statutory provisions with different legal objectives.

Afridi and his running mate, Shehrnaz Omar Ayub, had challenged ECP's notices for alleged violations of the election code of conduct, particularly Afridi's provocative speech against government officials during the by-election in NA-18 Haripur. Both petitions were dismissed as no adverse orders had been passed against them. Afridi subsequently argued that ECP should first decide its jurisdiction before proceeding, but the court held that this argument was mistaken.