PHC issues notice to ECP over postponement of Senate vacant seat election
PESHAWAR: The Peshawar High Court (PHC) has issued notices to the Election Commission of Pakistan (ECP) and other respondents in a petition challenging the postponement of elections for a vacant Senate seat from Khyber Pakhtunkhwa.
The court has sought replies from the Election Commission and other parties before the next hearing. The petition was filed by Pakistan Tehreek-e-Insaf (PTI) leader Irfan Saleem, who has challenged the ECP’s decision to postpone the election for the vacant Senate seat.
A two-member bench comprising Justice Waqar Ahmad and Justice Farah Jamshed heard the petition.
During the proceedings, petitioner’s counsel Ali Gohar Durrani, Advocate, informed the court that the Election Commission had declared the Senate seat vacant after an Anti-Terrorism Court sentenced Murad Saeed.
According to the petitioner’s lawyer, the ECP issued an election schedule for the vacant KP Senate seat on April 23. Following the announcement, Irfan Saleem submitted his nomination papers and became a candidate for the seat.
The court was informed that the situation later changed when a member of the Khyber Pakhtunkhwa Assembly approached the Election Commission and argued that the seat could not be declared vacant because Murad Saeed had not taken the oath as a Senator.
The petitioner’s counsel maintained that the Election Commission subsequently postponed the Senate election on the basis of the petition. The ECP later issued a notification on August 27 concerning the postponement.
The lawyer argued that Irfan Saleem was directly affected by the Election Commission’s decision and notification. He further contended that the ECP had incorrectly interpreted several constitutional provisions, including Articles 63, 64, 65 and 255(3).
The petitioner’s counsel also referred to Article 224(5) of the Constitution, arguing that a vacant Senate seat is required to be filled within 30 days.
He further submitted that Article 65 provides that an elected member cannot sit in the Senate or participate in voting until taking the required oath. On these grounds, the petitioner requested the high court to declare the ECP’s decision to postpone the Senate election, along with its subsequent notification, null and void.
After hearing the initial arguments, the Peshawar High Court issued notices to the Election Commission and other respondents. The court has directed them to submit their replies before the next date of hearing.
The case could have significant implications for the status and filling of the vacant Senate seat from Khyber Pakhtunkhwa. The court’s decision will determine whether the Election Commission’s postponement of the election was legally justified.
