ISLAMABAD: The Election Commission of Pakistan has withdrawn the notification of the by-election issued declaring the Senate seat vacant as a result of Murad Saeed’s disqualification.
The Election Commission has also issued a written order in this regard, stating that Murad Saeed had not taken the oath of membership of the Senate nor had he constitutionally assumed the office of a Member of Parliament; therefore, the Senate seat did not legally become vacant as a result of his disqualification.
In a written decision, the Election Commission clarified that by-elections can be held only when the seat of a Member of Parliament or Provincial Assembly is legally vacant due to death, resignation or disqualification under Articles 63 and 64 of the Constitution; if read in conjunction with Article 219(b) and 224(5) of the Constitution, the Election Commission said.
According to the Election Commission, Murad Saeed had not yet attained the status of Member of Parliament, so no legal vacancy has arisen on his seat and the question of a by-election does not arise. The Election Commission, while accepting the application of PML-N Member of Provincial Assembly Jalal Khan, withdrew the election schedule issued earlier.
Barrister Muhammad Yasin Raza presented arguments before the Election Commission on behalf of the petitioner Jalal Khan. According to the decision, the Election Commission, despite Murad Saeed’s conviction or disqualification, ruled that since he had not taken the oath of membership of the Senate, his Senate seat could not be legally declared vacant.
The members of the Commission, including the Chairman of the Election Commission, Sikandar Sultan Raja, signed the written order.
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