ECP reserves ruling on plea against suspension of KP Senate by-poll

ISLAMABAD: The Election Commission of Pakistan (ECP) on Tuesday reserved its decision in a case concerning the suspension of the schedule for a Senate by-election in Khyber Pakhtunkhwa for the seat linked to the disqualification of Pakistan Tehreek-e-Insaf’s (PTI) Murad Saeed.

The commission had put off the by-election two days before polling was due on an application filed by Pakistan Muslim League-Nawaz (PML-N) lawmaker Jalal Khan. A three-member bench led by Chief Election Commissioner (CEC) Sikandar Sultan Raja heard arguments from both sides.

During the hearing, Jalal Khan’s counsel Yasin Raza argued that the legal framework on by-elections was clear and that the Constitution laid down three processes for holding elections. He maintained that Murad Saeed was only a successful candidate and not a senator because he had neither taken oath nor signed the register. He told the commission, "Murad Saeed is not a member of the Senate."

Raza further argued that the Constitution did not address the issue and did not recognise an illegal election. He said the Senate seat was neither vacant nor could Murad be treated as a member, and asked the ECP to clarify the position. During the proceedings, ECP member from Sindh Nisar Durrani asked what authority the Senate chairman would have if a senator did not take oath and whether constituencies would become vacant if several members failed to do so.

Representing PTI candidate Irfan Saleem, counsel Ali Gohar Durrani said Murad Saeed had been disqualified in March and that the ECP issued the by-poll schedule on March 25. He argued that under the Elections Act, once an election schedule is issued, it cannot be withdrawn unless a candidate dies, adding that the same practice applies in general elections. He also contended that Murad remained a member who had not taken oath, and said the ECP itself had declared the seat vacant on March 26.

The chief election commissioner asked how the commission’s March 26 order declaring the seat vacant should be interpreted. In response, Durrani said there were three separate grounds on which a member could be disqualified. In rebuttal, Raza argued that Murad was not representing the province and said an election was a matter of public law.

After hearing the arguments, the commission reserved its verdict. PTI had nominated Irfan Saleem for the April 23 by-election. Saleem, regarded as a close loyalist of PTI founder and former prime minister Imran Khan, had been expected to secure the seat because of the party’s numerical strength in the Khyber Pakhtunkhwa Assembly.

Critics believe the ECP’s move to postpone the by-election was intended to stop Saleem from reaching the Senate. On March 7, an anti-terrorism court in Rawalpindi sentenced Murad Saeed to 10 years in prison in a May 9 riots case. The ECP had declared the seat vacant when announcing the by-poll schedule.