'No oath, no membership': ECP withdraws notification for Senate by-poll on seat won by PTI's Murad Saeed

The Election Commission of Pakistan (ECP) has formally withdrawn its April 2 notification for the by-election programme for a Senate seat in Khyber Pakhtunkhwa. This seat had previously been declared vacant due to the disqualification of PTI senator-elect Murad Saeed. The withdrawal of the election programme came after critics accused the ECP of acting like a court by interpreting the Constitution to claim that no lawful vacancy had been created.

The ECP clarified that the difference between a "returned candidate" and a "Member of Parliament" is crucial. A returned candidate may be elected but does not automatically gain the status of a Parliament member until they take an oath. Article 65 of the Constitution requires such an oath before assuming the office. Until the oath is administered, a returned candidate remains merely an elected individual, not yet a member.

The ECP also cited Article 63(1)(h) of the Constitution, which disqualifies a person from occupying an office if they have been deemed ineligible. In Saeed's case, he was found guilty and sentenced to 10 years in prison for his involvement in a terror-related case. His seat was declared vacant by the ECP on March 25.

Jalal Khan, an MPA from the Pakistan Muslim League (N), filed a petition arguing that no lawful vacancy existed for a by-election. The ECP agreed, stating that since Saeed had not yet taken the oath and was thus not considered a member of Parliament, there was no valid grounds for holding a by-election. Consequently, the ECP accepted Khan's petition and withdrew the April 2 election programme.