PESHAWAR: The Peshawar High Court on Friday gave a last chance to the counsel for Khyber Pakhtunkhwa Chief Minister Sohail Afridi to argue his plea against the proceedings started by the Election Commission of Pakistan over his alleged violation of the election code of conduct during the Haripur by-elections last year.

A bench consisting of Justice Syed Arshad Ali and Justice Mohammad Faheem Wali fixed Oct 7 for next hearing into a petition by Mr Afridi, pronouncing that in case any party fails to appear before the court on the next date fixed, it will decide the case on merit.

It declared that in the interest of justice, last opportunity was given to the counsel for the petitioner to address his arguments on the next hearing.

“There shall be no further adjournment on the next date of hearing on any pretext,” it announced.

Afridi faces allegation of violating election code of conduct during Haripur by-polls last year

The petition was filed early this year by Mr Afridi against ECP proceedings on the matter without first deciding the issue of its jurisdiction and maintainability.

The court has already granted interim relief to the petitioner and declared: “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.”

Advocate Adnan Ali appeared for Mr Afridi and contended that he had been freshly engaged in the case and had not yet gone through the brief. He sought at least two or three days’ time to prepare the case and consult his client.

The ECP was represented by additional director general (law) Khurram Shahzad and additional director Samran Jehangir.

Mr Shahzad opposed the plea of the petitioner’s counsel for adjournment and contended that the ECP had already concluded the arguments in the matter, and the counsel representing the petitioner before the commission had also addressed his arguments.

He said that the commission had only to decide the matter and therefore, the instant petition had become infructuous. The ADG pointed out that proceedings in the instant petition had been adjourned six times on request of the petitioner’s counsel and they may not be allowed further adjournment.

In Nov last year, the chief minister and by-election candidate Shehrnaz Omar Ayub, supported by Pakistan Tehreek-i-Insaf, had challenged issuance of notices to them by ECP for allegedly violating election code of conduct.

Mr Afridi had challenged the notice issued to him on Nov 20 by ECP, wherein he was accused of delivering a provocative speech against government functionaries in connection with by-elections in the NA-18 Haripur constituency.

The 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 on Nov 26 turned down both petitions, observing that no adverse order has so far been passed against the petitioners.

“Suffice it to hold that, at present, the petitions are premature and 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,” it declared.

The petitioner said that he was chief minister of the province and 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 insisted in the impugned notice that the petitioner had hurled threats at state functionaries.

He contended that the high court, in its earlier order, had mentioned that ECP would first decide its jurisdiction in the matter. The petitioner, however, said that it had been 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, October 3rd, 2026