The ECP will hear the case of Murad Saeed’s Senate seat on the 16th – Pakistan

ISLAMABAD: The Election Commission of Pakistan (ECP) has finally fixed the hearing on the 16th of this month in a case involving a Senate seat that fell vacant after the electorate first disqualified PTI’s Murad Saeed from his legislative seat following a court verdict, announced by ballot on the said seat, but later postponed this election to decide the legality of Saeed’s disqualification.

The docket of cases released by the ECP on Thursday revealed that notices have been issued to persons who are parties to this matter to appear before an ECP court hearing this matter on the morning of June 16.

On April 21, in a supposedly controversial decision, the electoral body postponed the by-election on the said Senate seat on a request moved by a lawmaker from the Pakistan Muslim League-Nawaz (PML-N), just two days before the by-poll was scheduled to take place on April 23.

“The matter requires detailed discussion and assistance, therefore, the office is directed to issue notices to all contesting candidates and necessary parties to appear and assist on the question of law raised by the applicant,” read a written order issued by the ECP after hearing an application moved by Jalal Khan, the Member Provincial Assembly (MPA), Khyber Pakhtunkhwa, who belongs to the PML-N.

Led by Chief Election Commissioner Sikandar Sultan Raja, a three-member panel of the ECP heard the demand to suspend the Senate by-election on the aforementioned seat “in light of a constitutional anomaly”.

During the hearing of the case, the petitioner, accompanied by his lawyer, appeared before the ECP court to argue that the ECP’s decision to declare the aforementioned Senate vacant was not legally valid, given that Saeed had not taken oath as a senator from the said seat in the first place.

“In the present case, no legitimate vacancy ever existed because Murad Saeed never took oath or assumed office, therefore, he never became a member of the Senate in the constitutional sense,” the lawyer argued.

The ECP court accepted the petition and the case has since been pending.

It is worth mentioning here that Pakistan Tehreek-e-Insaf (PTI) fielded Irfan Saleem for the April 23 by-election. Considered a loyalist of PTI founder and former Prime Minister Imran Khan, Saleem is seen as a potential candidate for the aforementioned Senate post, given the PTI’s strength in the KP provincial legislature.

Apparently, the ECP’s decision to postpone the by-election was aimed at blocking Saleem’s access to the Upper House of Parliament.

On March 7, an Anti-Terrorism Court (ATC) in Rawalpindi sentenced Saeed to 10 years in prison in connection with the May 9 riots.

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