ECP reserves verdict on suspension of schedule of Senate by-elections for Murad Saeed seat – Pakistan

ISLAMABAD: The Election Commission of Pakistan (ECP) on Tuesday reserved its verdict in a case relating to suspension of the schedule of a Senate by-election in Khyber Pakhtunkhwa.

The ECP had postponed the by-election for the Senate seat that fell vacant following the disqualification of PTI’s Murad Saeed, on a request made by a PML-N lawmaker, just two days before the by-election was scheduled to take place.

A three-member bench headed by Chief Election Commissioner Sikandar Sultan Raja heard the matter on Tuesday, while lawyers from both sides appeared before the commission.

Article 224 (5) of the Constitution provides that “When a seat in the Senate becomes vacant, an election to fill that seat shall be held within thirty days from the occurrence of the vacancy.”

Yasin Raza, lawyer for the petitioner and KP MP Jalal Khan, argued that the law governing by-elections was clear and the Constitution provided for three processes to conduct the elections.

He argued that Murad was only a successful candidate and not a senator, as he had neither taken the oath nor signed the register.

“Murad Saeed is not a member of the Senate,” he said.

Raza added that the Constitution remained silent on the issue and did not recognize illegal elections.

“Senate seat is neither vacant nor member. ECP should clarify this,” he submitted.

Sindh ECP member Nisar Durrani asked what powers the Senate President would have if a senator did not take oath, and whether constituencies would fall vacant if four or five members failed to do so.

Ali Gohar Durrani, lawyer for PTI candidate Irfan Saleem, said Murad was disqualified in March and the ECP had released the bypoll schedule on March 25.

He argued that under the Electoral Act, once a timetable is published, it can only be withdrawn if a candidate dies – a practice also followed in general elections.

Durrani further said that Murad was a member but did not take oath, adding that the ECP itself declared the seat vacant on March 26.

The CEC asked how to view the commission’s March 26 decision declaring the seat vacant. Durrani responded that there were three distinct grounds for the disqualification of a member.

In rebuttal, Raza said Murad did not represent the province and that an election was a matter of public law.

The commission reserved its judgment after concluding the debates.

The PTI had fielded Irfan Saleem for the April 23 by-election. Considered a loyalist of PTI founder and former Prime Minister Imran Khan, Saleem is expected to win the seat, given the party’s strength in the Khyber Pakhtunkhwa provincial legislature.

Critics say the ECP’s decision to postpone the by-election was aimed at preventing Saleem from accessing the Upper House of Parliament.

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

The ECP had declared the seat vacant at the time of announcing the by-poll schedule.

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