Election Commission of Pakistan postpones Senate elections in KP on the request of opposition

PESHAWAR/ISLAMABAD, April 02 (SABAH): The Election Commission of Pakistan (ECP) on Tuesday postponed Senate elections in Khyber Pakhtunkhwa after the Opposition members filed a plea seeking postponement due to a stand-off with the provincial government over oath-taking of MPAs-elect on the reserved seats.

In its notification, the ECP stated that polls for the Senate seats of Khyber Pakhtunkhwa will not be held until the administration of oath to the elected members against the reserved seats.

“The Commission in exercise of powers under Article 218(3) of the Constitution read with Section 4(1), Section 8(c) and Section 128 of the Elections Act, 2017 and all other enabling provisions of the Constitution and law in this behalf, postpones the poll to the Senate Election to the extent of Khyber Pakhtunkhwa till the administration of oath to the elected members against the reserved seats and accordingly makes necessary amendment in the notification issued under Section 107 of the Act. Office is directed to take follow up action,” the notification read.

The document further maintained that the KP Assembly speaker was approached by the notified members for the reserved seats for administration of oath to them, however, “no arrangement for oath was made”.

“AND WHEREAS, the Returning Officer for Senate Election to the Khyber Pakhtunkhwa has informed vide letter No. F.1(26/2024-Els (PEC) dated 2” April 2024 along with written request of the elected and notified members of the Khyber Pakhtunkhwa Assembly against the reserved seats that the Speaker Provincial Assembly has not arranged oath.”

The commission further stated that the standards of honesty, justness and fairness of election as provided in Article 218(3) of the Constitution cannot be fulfilled due to non-administration of oath to elected members and which amounts to disenfranchisement of lawful voters and denial of level playing field to the voters.

“Thus, the Electoral College is incomplete for the purpose of Senate elections in Khyber Pakhtunkhwa Province,” the notification read.

Before the ECP issued its notification regarding the postponement, the Opposition members submitted an application to the provincial election commissioner for postponing the Senate elections.

Arrangements for polls were complete in the KP assembly with the Commission’s staff present to conduct polls.

However, Pakistan Peoples Party’s (PPP) Ahmad Karim Kundi, in the plea, said 25 of his party’s members have not yet been sworn in and requested that the polls be postponed.

Upon the Opposition’s request, the provincial election commissioner has contacted Chief Election Commissioner Sikandar Sultan Raja in this regard, sources told a private TV channel.

Commenting on the development, former ECP secretary Kunwar Muhammad Dilshad said that the electoral body postponed the Senate elections in KP under Articles 17, 218 (3) of the Constitutions and Election Act Sections 4 and 8.

Kunwar Dilshad added that the electoral authority postponed the polls because the house was not complete. He added that “holding Senate elections by ignoring 30 seats is against the Constitution”.

“The ECP will keep the Senate elections postponed until the KP Assembly administers oath to the MNAs-elect,” said Dilshad while speaking to a private TV channel.

He added that the Senate chairman and deputy chairman cannot be elected until and unless KP Assembly conducts elections. “The Senate will remain functional and can legislate as well,” said Dilshad, adding that the chairman can also elect a presiding officer as the Senate chairman in his place. However, he added, the election of chairman won’t be held until KP Assembly conducts Senate polls.